Legislature(2007 - 2008)

2007-04-25 House Journal

Full Journal pdf

2007-04-25                     House Journal                      Page 0912
SB 123                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     CS FOR SENATE BILL NO. 123(FIN)                                                                                            
     "An Act relating to the public employees' and teachers' defined                                                            
     benefit retirement plans; relating to the public employees' and                                                            
     teachers' defined contribution retirement plans; relating to the                                                           
     judicial retirement system; relating to the health reimbursement                                                           
     arrangement plan for certain teachers and public employees;                                                                
     relating to the supplemental employee benefit program; relating to                                                         
     the public employees' deferred compensation program; relating to                                                           
     group insurance for public employees and retirees; making                                                                  
       conforming amendments; and providing for an effective date."                                                            
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 FIN RPT HCS(FIN) 5DP 4NR                                              849                                                      
 FN2: ZERO(ADM)                                                        849                                                      
 FN3: (ADM)                                                            849                                                      
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 123(FIN)                                                                               
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2007-04-25                     House Journal                      Page 0913
Amendment No. 1 was offered  by Representative Doll:                                                                             
                                                                                                                                
Page 8, line 30, through page 9, line 12:                                                                                       
     Delete all material and insert:                                                                                            
"* Sec. 16. AS 14.25.310 is amended to read:                                                                                  
      Sec. 14.25.310. Applicability of AS 14.25.310 - 14.25.590.                                                              
     The provisions of AS 14.25.310 - 14.25.590 apply only to                                                                   
              (1)  teachers who first become members on or after                                                            
     July 1, 2006, and before the effective date of this bill section                                                       
     and who have not elected under sec. 123 of this Act to be                                                              
     members of the defined benefit retirement plan established in                                                          
     AS 14.25.009 - 14.25.220;                                                                                              
              (2)  teachers who first become members on or after                                                            
     the effective date of this bill section and who have elected                                                           
     under AS 14.25.335 to be members of the defined contribution                                                           
     retirement plan established in AS 14.25.310 - 14.25.590 or are                                                         
     precluded by AS 14.25.335(e) from making an election under                                                             
     AS 14.25.335;                                                                                                          
              (3)  members who are employed by employers that do                                                            
     not participate in the defined benefit retirement plan                                                                 
     established under AS 14.25.009 - 14.25.220; or                                                                         
              (4)  [TO] members who transfer into the defined                                                               
     contribution retirement plan under AS 14.25.540.                                                                       
   * Sec. 17. AS 14.25.310, as amended by sec. 16 of this Act, is                                                             
amended to read:                                                                                                                
      Sec. 14.25.310. Applicability of AS 14.25.310 - 14.25.590.                                                              
     The provisions of AS 14.25.310 - 14.25.590 apply only to                                                                   
              (1)teachers who first become members on or after                                                                  
     July 1, 2006, and before the effective date of this bill section and                                                       
     who have not elected under sec. 123 of this Act to be members of                                                           
     the defined benefit retirement plan established in AS 14.25.009 -                                                          
     14.25.220;                                                                                                                 
              (2)  teachers who first become members on or after the                                                            
     effective date of this bill section and who have elected under                                                             
     AS 14.25.335 to be members of the defined contribution                                                                     
     retirement plan established in AS 14.25.310 - 14.25.590 or are                                                             
     precluded by AS 14.25.335(e) from making an election under                                                                 
     AS 14.25.335;                                                                                                              
              (3)  members who are employed by employers that do not                                                            
     participate in the defined benefit retirement plan established under                                                       

2007-04-25                     House Journal                      Page 0914
     AS 14.25.009 - 14.25.220;                                                                                                  
                (4)  former members under AS 14.25.220; or                                                                 
              (5) [(4)] members who transfer into the defined                                                               
     contribution retirement plan under AS 14.25.540."                                                                          
                                                                                                                                
Page 9, following line 19:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 19. AS 14.25.330(a) is amended to read:                                                                               
      (a)  Except as provided in AS 14.25.310, a [A] teacher who                                                            
     first becomes a member on or after July 1, 2006, shall participate                                                         
     in the system [PLAN] as a member of the defined benefit                                                            
     [CONTRIBUTION] retirement plan established in AS 14.25.009                                                             
     - 14.25.220.                                                                                                           
   * Sec. 20. AS 14.25 is amended by adding a new section to read:                                                            
      Sec. 14.25.335. Election to participate in defined benefit or                                                           
     defined contribution plan. (a) Except as provided in (e) of this                                                         
     section, a person who has not previously been eligible for benefits                                                        
     under the teachers' retirement system who becomes eligible on or                                                           
     after the effective date of this bill section may, within 30 days                                                          
     after becoming eligible to elect a benefit plan, elect to enroll in                                                        
     either the defined benefit retirement plan or the defined                                                                  
     contribution retirement plan. An election made under this section                                                          
     is irrevocable. Except as provided in (e) of this section, a person                                                        
     who is eligible to make an election under this subsection and fails                                                        
     to make an election is considered to have elected to enroll in the                                                         
     defined benefit retirement plan.                                                                                           
         (b)  The election allowed under this section must be made in                                                           
     writing on forms and in the manner prescribed by the                                                                       
     administrator. Before accepting an election under this section, the                                                        
     administrator shall provide the employee with information to                                                               
     clearly inform the employee of the potential consequences of each                                                          
     of the employee's options.                                                                                                 
         (c)  Upon making an election under this section to enroll in                                                           
     the defined benefit retirement plan, or upon failure to make an                                                            
     election under this section within 30 days after becoming eligible                                                         
     to elect a benefit plan, the employee shall be enrolled as a member                                                        
     of the defined benefit retirement plan, and the employee's                                                                 
     participation in the system shall be governed by the provisions of                                                         
     AS 14.25.009 - 14.25.220.                                                                                                  
         (d)  Upon making an election under this section to enroll in                                                           

2007-04-25                     House Journal                      Page 0915
     the defined contribution retirement plan, the employee shall be                                                            
     enrolled as a member of the defined contribution retirement plan,                                                          
     and the employee's participation in the plan shall be governed by                                                          
     the provisions of AS 14.25.310 - 14.25.590.                                                                                
         (e)  A member may be enrolled in the defined benefit                                                                   
     retirement plan under (c) of this section only if the member's                                                             
     employer participates in both the defined benefit retirement plan                                                          
     and the defined contribution retirement plan.                                                                              
         (f)  In this section,                                                                                                  
              (1)  "defined benefit retirement plan" means the                                                                  
     retirement plan established in AS 14.25.009 - 14.25.220;                                                                   
              (2)  "defined contribution retirement plan" means the                                                             
     retirement plan established in AS 14.25.310 - 14.25.590."                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 35, line 28, through page 36, line 10:                                                                                     
     Delete all material and insert:                                                                                            
"* Sec. 82. AS 39.35.700 is amended to read:                                                                                  
      Sec. 39.35.700. Applicability of AS 39.35.700 - 39.35.990.                                                              
     The provisions of AS 39.35.700 - 39.35.990 apply only to                                                                   
       (1)  members first hired on or after July 1, 2006, and                                                           
     before the effective date of this bill section and who have not                                                        
     elected under sec. 123 of this Act to be members of the defined                                                        
     benefit retirement plan established in AS 39.35.095 -                                                                  
     39.35.680;                                                                                                             
       (2)  persons who first became members on or after the                                                                
     effective date of this bill section and who have elected under                                                         
     AS 39.35.722 to be members of the defined contribution                                                                 
     retirement plan established in AS 39.35.700 - 39.35.990 or are                                                         
     precluded by AS 39.35.722(e) from making an election under                                                             
     AS 39.35.722;                                                                                                          
       (3)  members who are employed by employers that do                                                                   
     not participate in the defined benefit retirement plan                                                                 
     established under AS 39.35.095 - 39.35.680; or                                                                         
       (4) [TO] members who transfer into the defined                                                                       
     contribution plan under AS 39.35.940.                                                                                      
   * Sec. 83. AS 39.35.700, as amended by sec. 82 of this Act, is                                                             
amended to read:                                                                                                                
      Sec. 39.35.700. Applicability of AS 39.35.700 - 39.35.990.                                                              

2007-04-25                     House Journal                      Page 0916
     The provisions of AS 39.35.700 - 39.35.990 apply only to                                                                   
              (1)members first hired on or after July 1, 2006, and                                                              
     before the effective date of this bill section and who have not                                                            
     elected under sec. 123 of this Act to be members of the defined                                                            
     benefit retirement plan established in AS 39.35.095 - 39.35.680;                                                          
              (2)  persons who first became members on or after the                                                             
     effective date of this bill section and who have elected under                                                             
     AS 39.35.722 to be members of the defined contribution                                                                     
     retirement plan established in AS 39.35.700 - 39.35.990 or are                                                             
     precluded by AS 39.35.722(e) from making an election under                                                                 
     AS 39.35.722;                                                                                                              
              (3)  members who are employed by employers that do not                                                            
     participate in the defined benefit retirement plan established under                                                       
     AS 39.35.095 - 39.35.680;                                                                                                  
                (4)  former members under AS 39.35.680; or                                                                 
              (5) [(4)] members who transfer into the defined                                                               
     contribution plan under AS 39.35.940."                                                                                     
                                                                                                                                
Page 36, following line 19:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 85. AS 39.35.720 is amended to read:                                                                                  
      Sec. 39.35.720. Membership. Except as provided in                                                                     
     AS 39.35.700, an [AN] employee who becomes a member on or                                                              
     after July 1, 2006, shall participate in the system as a member of                                                     
     the defined benefit plan set out in AS 39.35.095 - 39.35.680                                                       
     [AS 39.35.700 - 39.35.990].                                                                                                
   * Sec. 86.  AS 39.35 is amended by adding a new section to read:                                                           
         Sec. 39.35.722. Election to participate in defined benefit or                                                        
     defined contribution plan. (a) Except as provided in (e) of this                                                         
     section, a person who has not previously been eligible for benefits                                                        
     under the public employees' retirement system who becomes                                                                  
     eligible on or after the effective date of this bill section may,                                                          
     within 30 days after becoming eligible to elect a benefit plan, elect                                                      
     to enroll in either the defined benefit retirement plan or the                                                             
     defined contribution retirement plan. An election made under this                                                          
     section is irrevocable. A person who is eligible to make an                                                                
     election under this subsection and fails to make an election is                                                            
     considered to have elected to enroll in the defined benefit                                                                
     retirement plan.                                                                                                           
         (b)  The election allowed under this section must be made in                                                           

2007-04-25                     House Journal                      Page 0917
     writing on forms and in the manner prescribed by the                                                                       
     administrator. Before accepting an election under this section, the                                                        
     administrator must provide the employee with information to                                                                
     clearly inform the employee of the potential consequences of each                                                          
     of the employee's options.                                                                                                 
         (c)  Upon making an election under this section to enroll in                                                           
     the defined benefit retirement plan, or upon failure to make an                                                            
     election under this section within 30 days after becoming eligible                                                         
     to elect a benefit plan, the employee shall be enrolled as a member                                                        
     of the defined benefit retirement plan, and the employee's                                                                 
     participation in the system shall be governed by the provisions of                                                         
     AS 39.35.095 - 39.35.680.                                                                                                  
         (d)  Upon making an election under this section to enroll in                                                           
     the defined contribution retirement plan, the employee shall be                                                            
     enrolled as a member of the defined contribution retirement plan,                                                          
     and the employee's participation in the plan shall be governed by                                                          
     the provisions of AS 39.35.700 - 39.35.990.                                                                                
         (e)  A member may be enrolled in the defined benefit                                                                   
     retirement plan under (c) of this section only if the member's                                                             
     employer participates in both the defined benefit retirement plan                                                          
     and the defined contribution retirement plan.                                                                              
         (f)  In this section,                                                                                                  
              (1)  "defined benefit retirement plan" means the                                                                  
     retirement plan established in AS 39.35.095 - 39.35.680;                                                                   
              (2)  "defined contribution retirement plan" means the                                                             
     retirement plan established in AS 39.35.700 - 39.35.990."                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 54, line 20:                                                                                                               
     Delete "sec. 20"                                                                                                           
     Insert "sec. 22"                                                                                                           
                                                                                                                                
Page 54, line 29:                                                                                                               
     Delete "sec. 50"                                                                                                           
     Insert "sec. 52"                                                                                                           
                                                                                                                                
Page 55, lines 5 - 7:                                                                                                           
     Delete all material and insert:                                                                                            
"* Sec. 123.  The uncodified law of the State of Alaska is amended                                                            

2007-04-25                     House Journal                      Page 0918
by adding a new section to read:                                                                                                
 RETIREMENT PLAN ELECTION OPTION. (a) A teacher who                                                                             
was hired on or after July 1, 2006, and before the effective date of this                                                       
section and who is an active member of the defined contribution plan                                                            
of the teachers' retirement system under AS 14.25.310 - 14.25.590                                                               
may make a one-time election before October 1, 2007, or within 90                                                               
days after the effective date of this section, whichever is later, to                                                           
participate in the defined benefit retirement plan under AS 14.25.009 -                                                         
14.25.220 and to transfer any contributions, including employer                                                                 
contributions, made to the defined contribution plan before that date.                                                          
 (b)  A public employee who was hired on or after July 1, 2006,                                                                 
and before the effective date of this section and who is an active                                                              
member of the defined contribution plan of the public employees'                                                                
retirement system under AS 39.35.700 - 39.35.990 may make a one                                                                 
time election before October 1, 2007, or within 90 days after the                                                               
effective date of this section, whichever is later, to participate in the                                                       
defined benefit retirement plan under AS 39.35.095 - 39.35.680 and to                                                           
transfer any contributions, including employer contributions, made to                                                           
the defined contribution plan before that date.                                                                                 
 (c)  The election to participate in the defined benefit retirement                                                             
plan under this section must be made in writing on forms and in the                                                             
manner prescribed by the administrator. Before accepting an election                                                            
to participate in the defined benefit retirement plan, the administrator                                                        
shall provide the employee planning on making an election to                                                                    
participate in the defined benefit retirement plan with information,                                                            
including calculations to illustrate the effect of moving the employee's                                                        
retirement plan from the defined contribution retirement plan to the                                                            
defined benefit retirement plan as well as other information to clearly                                                         
inform the employee of the potential consequences of the employee's                                                             
election.                                                                                                                       
 (d)  An election made under this section to participate in the                                                                 
defined benefit retirement plan is irrevocable. On making the election,                                                         
the participant shall be enrolled as a member of the defined benefit                                                            
retirement plan, the member's participation in the plan shall be                                                                
governed by the provisions for the defined benefit retirement plan, and                                                         
the member's participation in the defined contribution retirement plan                                                          
shall terminate. The participant's enrollment in the defined benefit                                                            
retirement plan shall be effective the first day of the month after the                                                         
administrator receives the completed enrollment forms. An election                                                              
made by an eligible member who is married is not effective unless the                                                           

2007-04-25                     House Journal                      Page 0919
election is signed by the individual's spouse.                                                                                  
 (e)  As directed by the participant, the board shall transfer or cause                                                         
to be transferred the appropriate amounts to the designated account.                                                            
The administrator shall credit the participant with a service credit that                                                       
is equal to the participant's actual service or the actuarially calculated                                                      
value of the employer and employee contribution transferred,                                                                    
whichever is less. The board shall establish transfer procedures by                                                             
regulation, but the actual transfer may not be later than 30 days after                                                         
the effective date of the member's participation in the defined benefit                                                         
retirement plan unless the major financial markets for securities                                                               
available for a transfer are seriously disrupted by an unforeseen event                                                         
that also causes the suspension of trading on any national securities                                                           
exchange in the country where the securities were issued. In that                                                               
event, the 30-day period of time may be extended by a resolution of                                                             
the board. Transfers are not commissionable or subject to other fees                                                            
and may be in the form of securities or cash as determined by the                                                               
board. Securities shall be valued on the date of receipt in the                                                                 
participant's account.                                                                                                          
 (f)  A person may make an election under this section only if the                                                              
person's employer participates in both the applicable defined benefit                                                           
retirement plan and the applicable defined contribution retirement                                                              
plan.                                                                                                                           
     (g)  In this section,                                                                                                      
  (1)  "active member" means an employee who is employed by                                                                     
an employer, is receiving compensation for seasonal, permanent full-                                                            
time, or permanent part-time services, and is, on the effective date of                                                         
this section, making contributions to the defined contribution                                                                  
retirement plan under AS 14.25.310 - 14.25.590 or AS 39.35.700 -                                                                
39.35.990, as applicable;                                                                                                       
  (2)  "administrator" means the person serving as administrator                                                                
under AS 14.25.003 for a teachers' retirement plan or the person                                                                
appointed or designated by the commissioner of administration under                                                             
AS 39.35.050 for a public employees' retirement plan;                                                                           
  (3)  "board" means the Alaska Retirement Management Board                                                                     
established under AS 37.10.210;                                                                                                 
  (4)  "defined benefit retirement plan" means the retirement                                                                   
plan established under AS 14.25.009 - 14.25.220 or AS 39.35.095 -                                                               
39.35.680, as applicable;                                                                                                       
  (5)  "defined contribution retirement plan" means the                                                                         
retirement plan established under AS 14.25.310 - 14.25.590 or                                                                   

2007-04-25                     House Journal                      Page 0920
AS 39.35.700 - 39.35.990, as applicable;                                                                                        
  (6)  "employer,"                                                                                                              
       (A)  as applied to an active member of the plan under                                                                    
     AS 14.25.310 - 14.25.590, has the meaning given in                                                                         
     AS 14.25.590; and                                                                                                          
       (B)  as applied to an active member of the plan under                                                                    
     AS 39.35.700 - 39.35.990, has the meaning given in                                                                         
     AS 39.35.990.                                                                                                              
   * Sec. 124. Sections 5, 6, 17, 62, 70, 71, 83, and 120(b) of this Act                                                      
take effect July 1, 2010.                                                                                                       
   * Sec. 125. Except as provided in sec. 124 of this Act, this Act takes                                                     
effect immediately under AS 01.10.070(c)."                                                                                      
                                                                                                                                
Representative Doll moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Kelly objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 123(FIN)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  21   EXCUSED:  4   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara,                                                                      
Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, LeDoux, Lynn,                                                                 
Salmon                                                                                                                          
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto,                                                                 
Harris, Hawker, Johansen, Johnson, Kelly, Meyer, Neuman, Olson,                                                                 
Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson                                                                         
                                                                                                                                
Excused:  Joule, Kerttula, Kohring, Nelson                                                                                      
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
HCS CSSB 123(FIN) be considered engrossed, advanced to third                                                                    
reading, and placed on final passage.                                                                                           
                                                                                                                                

2007-04-25                     House Journal                      Page 0921
There was objection.                                                                                                            
                                                                                                                                
HCS CSSB 123(FIN) will advance to third reading on tomorrow's                                                                   
calendar.