Legislature(2007 - 2008)

2007-03-16 Senate Journal

Full Journal pdf

2007-03-16                     Senate Journal                      Page 0566
SB 123                                                                                                                        
SENATE BILL NO. 123 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                

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     "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."                                                                          
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Administration                                                                          
                                                                                                                                
Governor's transmittal letter dated March 15:                                                                                   
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill 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; and making conforming                                                              
amendments.                                                                                                                     
                                                                                                                                
In 2005, FCCS SB 141(2d FCC) (SB 141) was enacted, making                                                                       
changes to the state's teachers' and public employees' defined benefit                                                          
retirement plans and creating new defined contribution plans, with                                                              
certain fixed and guaranteed benefits and a new health reimbursement                                                            
arrangement plan, for new teachers and employees hired under the                                                                
systems (ch. 9, FSSLA 2005).  Following the enactment of SB 141, a                                                              
number of needed corrections and clarifications of statutes were                                                                
identified but legislation to address these issues failed to pass last year.                                                    
The Commissioner of Administration also took steps to adopt                                                                     

2007-03-16                     Senate Journal                      Page 0568
regulations to clarify how benefits would be provided under the new                                                             
plans.  Those regulations interpreted the statutes for the new plans in a                                                       
manner that would secure favorable determinations from the Internal                                                             
Revenue Service (IRS) that the plans are qualified under the Internal                                                           
Revenue Code (IRC).  Favorable determinations for the defined                                                                   
contribution and occupational disability and death components were                                                              
received on February 14, 2007.                                                                                                  
                                                                                                                                
This legislation is intended to provide the necessary clarifications and                                                        
corrections that remain unresolved.                                                                                             
                                                                                                                                
The regulations adopted by the Commissioner of Administration                                                                   
primarily dealt with issues crucial to securing favorable determinations                                                        
from the IRS.  A number of statutory amendments remain necessary to                                                             
correct and clarify the statutory provisions of the plans, and to assure                                                        
that benefits are provided in the manner intended by the Legislature.                                                           
New provisions in this bill are designed to maintain the IRC-qualified                                                          
status of both the defined benefit and defined contribution plans.                                                              
                                                                                                                                
While a section-by-section analysis that contains a detailed                                                                    
explanation of the bill will be provided to the Legislature by the                                                              
Department of Administration, Division of Retirement and Benefits,                                                              
below is a summary list of the purpose of some of the amendments                                                                
proposed by the bill:                                                                                                           
                                                                                                                                
(1) provide statutory authority for funding of the new Teachers'                                                                
Retirement System (TRS) plan's occupational disability and death                                                                
benefits;                                                                                                                       
                                                                                                                                
(2) clarify statutory authority for funding of the new Public                                                                   
Employees' Retirement System (PERS) plan's optional monthly                                                                     
pension benefits upon the retirement of disabled peace officers and fire                                                        
fighters and clarify that employer contributions for defined benefits in                                                        
the new PERS and TRS plans (occupational disability; occupational                                                               
death; disabled peace officer/fire fighter optional pension benefit) will                                                       
be deposited to separate trust accounts;                                                                                        
                                                                                                                                
(3) add annual cost-of-living increases to disability benefits, survivor                                                        
pensions, and optional pension benefits upon the retirement of                                                                  
disabled peace officers and fire fighters provided by the new PERS                                                              
and Teachers' Retirement System (TRS) plans;                                                                                    
                                                                                                                                

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(4) add employer cost sharing of medical premiums for persons                                                                   
younger than Medicare age whose disability or survivor benefits are                                                             
terminated due to eligibility for normal retirement;                                                                            
                                                                                                                                
(5) clarify that a member or survivor is not entitled to elect                                                                  
distributions from the member's individual account while receiving                                                              
disability benefits or a survivor's pension;                                                                                    
                                                                                                                                
(6) provide that elected officials of the state are eligible to participate                                                     
in the new PERS defined contribution retirement plan;                                                                           
                                                                                                                                
(7) clarify that continuing employer contributions are made on behalf                                                           
of the surviving spouse and member's dependent children rather than                                                             
"beneficiaries";                                                                                                                
                                                                                                                                
(8) add guidelines for employer participation and termination from the                                                          
PERS defined contribution retirement plan, including employee                                                                   
designations for participation and rights upon termination;                                                                     
                                                                                                                                
(9) remove residual provisions that allow former defined benefit plan                                                           
members to reinstate refunded service, effective in 2010;                                                                       
                                                                                                                                
(10) provide authority for the Commissioner of Administration to                                                                
adopt regulations for the supplemental employee benefits system,                                                                
health reimbursement arrangement plan, deferred compensation plan,                                                              
and group health insurance plans;                                                                                               
                                                                                                                                
(11) provide a clear definition of "peace officer" and "fire fighter"                                                           
under the defined contribution retirement plan;                                                                                 
                                                                                                                                
(12) allow TRS or PERS defined benefit plan members to participate                                                              
in the TRS or PERS defined contribution retirement plan if hired by an                                                          
employer that only participates in the defined contribution plan;                                                               
                                                                                                                                
(13) allow TRS and PERS defined benefit plan former (refunded)                                                                  
members to become members of the TRS or PERS defined                                                                            
contribution retirement plan if rehired on or after July 1, 2010;                                                               
                                                                                                                                
(14) revise the method for funding the retirement benefit for survivors                                                         
of members who are disabled or die from occupational causes, to                                                                 
conform to the IRC;                                                                                                             
                                                                                                                                

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(15) clarify that the new retirement plans established by SB 141 are                                                            
hybrid plans that fall under IRC sec. 414(k);                                                                                   
                                                                                                                                
(16) limit the option of non-vested PERS and TRS employees to                                                                   
transfer to the defined contribution plans to one 12-month window, to                                                           
conform to the IRC;                                                                                                             
                                                                                                                                
(17) update rollover provisions of the PERS and TRS plans and the                                                               
judicial retirement system, to conform to the IRC.                                                                              
                                                                                                                                
The bill includes a delayed effective date of July 1, 2010, for specific                                                        
sections. These include provisions that remove the opportunity for                                                              
defined benefit plan members to reinstate refunded service and that                                                             
allow such members to become members of the defined contribution                                                                
retirement plans if they are rehired.  The remainder of the bill has an                                                         
immediate effective date.                                                                                                       
                                                                                                                                
I urge your support of this important legislation.                                                                              
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor