Legislature(2005 - 2006)HOUSE FINANCE 519

04/26/2006 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL TELECONFERENCED
Moved HCS SB 250(FIN) Out of Committee
+= HB 375 RETIREMENT BENEFIT LIABILITY ACCT. TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 306 CONVEY HATCHER PASS TO MAT-SU BOROUGH TELECONFERENCED
Scheduled But Not Heard
-- Testimony <Invitation Only> --
+ SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 375                                                                                                            
                                                                                                                                
     "An  Act relating  to the  retirement benefit  liability                                                                   
     account and  appropriations from that  account; relating                                                                   
     to deposits  of certain income earned on  money received                                                                   
     as a result of State v. Amerada Hess, et al., 1JU-77-                                                                      
     847 Civ. (Superior Court, First Judicial District); and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
Representative  Hawker MOVED  to ADOPT  Amendment 2,  labeled                                                                   
24-LS1467\L,  which would  insert  on page  3,  line 13,  the                                                                   
words "85%  of the employer's  past service cost  rate during                                                                   
the fiscal  year that precedes  the distribution  fiscal year                                                                   
under (c) of this section by three fiscal years."                                                                               
                                                                                                                                
JACQUELINE TUPOU, STAFF, REPRESENTATIVE  WEYHRAUCH, explained                                                                   
that expediency is  a key component of the bill.   There is a                                                                   
concern  that all communities  be treated  fairly under  this                                                                   
legislation.   Amendment  2 is  a blanket  amendment for  all                                                                   
communities  regarding the  formula previous  to three  years                                                                   
ago.                                                                                                                            
                                                                                                                                
8:59:20 AM                                                                                                                    
                                                                                                                                
JEFF JOHNSON,  FAIRBANKS,  explained that  on June 30,  2001,                                                                   
the net  pass on unfunded  liability was approximately  $11.3                                                                   
million.  On June 30, 2004, it  was bumped up to $95 million.                                                                   
It is predicted  to go up by $15 million in  2005.  There has                                                                   
been a  decline in the number  of employees that  participate                                                                   
in PERS.  He explained that the  bill favors large employers,                                                                   
not those  with past  service costs.   He related  a scenario                                                                   
where  the  formula  would  equal zero  for  Fairbanks.    He                                                                   
proposed a  way for the city  to solve their debt  problem by                                                                   
transferring  the  $11  million  from  June 30,  2001,  to  a                                                                   
separate account, which is funded  from general state revenue                                                                   
sources.                                                                                                                        
                                                                                                                                
9:02:50 AM                                                                                                                    
                                                                                                                                
Representative Kelly  recalled when the utility  in Fairbanks                                                                   
was sold, Pat Cole  questioned the impact of the  sale on the                                                                   
system.   He asked  Mr. Johnson if  it was his  understanding                                                                   
that this situation would not happen.                                                                                           
                                                                                                                                
Mr.  Johnson said  that  is correct.    Had  the Division  of                                                                   
Retirement  closed  out  the  MUS, which  was  treated  as  a                                                                   
separate account  at the  time of the  sale, there  would not                                                                   
have been a problem.  He related  that in 2001, the city owed                                                                   
$11 million.   He deemed  it reasonable  to have to  pay back                                                                   
that amount.                                                                                                                    
                                                                                                                                
9:05:45 AM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch  stated that  how  this would  work                                                                   
depends on  the administration, so  he has tried to  make the                                                                   
language workable.                                                                                                              
                                                                                                                                
9:05:59 AM                                                                                                                    
                                                                                                                                
GARY  BADER,  CHIEF INVESTMENT  OFFICER,  TREASURY  DIVISION,                                                                   
DEPARTMENT  OF REVENUE,  explained that  each year gains  and                                                                   
losses of the  retirement plan are calculated.   The loss, in                                                                   
this case,  is amortized  over  25 years.   The whole  system                                                                   
experienced  losses since  the year 2000,  first, because  of                                                                   
changes  in health  care assumptions  and  experience in  the                                                                   
plan, secondly,  because of investment returns,  and thirdly,                                                                   
because  many of  the assumptions  were changed  in terms  of                                                                   
estimating  future costs.  All  PERS and  TRS employers  were                                                                   
caught in these changes.                                                                                                        
                                                                                                                                
Fairbanks had  additional impacts.   They made  changes based                                                                   
on  what  they  believed  to  be  reliable  information,  and                                                                   
reduced  the  number  of  their PERS  employees.    The  rate                                                                   
escalated to  a 125  percent past service  rate.   The Alaska                                                                   
Retirement  Management  (ARM)  Board proposed  to  the  House                                                                   
Finance Committee  that TRS  receive 85  percent of  the past                                                                   
service cost rate.   It used a different approach  to explain                                                                   
how the  Committee might  allocate funds  to repay  employers                                                                   
under PERS.   It proposed  that no  community would  get more                                                                   
than the average of all PERS employers taken together.                                                                          
                                                                                                                                
Mr. Bader shared  that there is another approach,  the one in                                                                   
Amendment 2, which  is similar to the TRS approach.   The ARM                                                                   
Board has  several goals:  that the  systems be fully  funded                                                                   
within  30 years,  that  it not  cause  severe disruption  to                                                                   
public  services, that  the state should  participate  in the                                                                   
solution,  that  accelerated   contributions  from  employers                                                                   
should  be  rewarded,  that  the   state  support  should  be                                                                   
equitable,  and  that  it should  not  attempt  to  subsidize                                                                   
federally-funded positions.   Amendment 2 is  consistent with                                                                   
those  goals.  It  would take  out the  calculation based  on                                                                   
past  service  rate,  less  5 percent  or  the  average  past                                                                   
service  rate, whichever  is  less, and  replace  it with  85                                                                   
percent of  the community's  past service  rate.  This  would                                                                   
have  an  additional  cost  to   the  system,  but  would  be                                                                   
equitable.  The distribution to  Fairbanks would be closer to                                                                   
$5 million more than the $1 million currently available.                                                                        
                                                                                                                                
9:10:37 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer questioned the 85 percent figure.                                                                                
                                                                                                                                
Representative  Kelly  requested more  time  to  look at  the                                                                   
amendment  and to get  a reaction  from Fairbanks.   Co-Chair                                                                   
Meyer agreed.                                                                                                                   
                                                                                                                                
9:11:25 AM                                                                                                                    
                                                                                                                                
Representative Weyhrauch agreed  with allowing more time.  He                                                                   
noted that  people have  to be  comfortable with this  policy                                                                   
change.                                                                                                                         
                                                                                                                                
Representative Hawker  concurred, but said he  is prepared to                                                                   
vote yes on the amendment at the  request of the sponsor.  He                                                                   
stated that  the bill is a  critical step toward  getting rid                                                                   
of the  $7 billion unfunded liability.   He pointed  out that                                                                   
there  are many  unresolved complications,  but he  suggested                                                                   
that time is running out.                                                                                                       
                                                                                                                                
Representative  Weyhrauch related that  this is not  a silver                                                                   
bullet, but a way  to deal with the problem.   The bill could                                                                   
be changed later  on.  He said the empirical  analysis has to                                                                   
end  at  some  point.    HB  375  does  not  require  a  huge                                                                   
appropriation this year, but is putting policies in place.                                                                      
                                                                                                                                
Co-Chair Meyer said  he is prepared to vote  yes on Amendment                                                                   
2, but would allow for Fairbanks' input.                                                                                        
                                                                                                                                
Representative Weyhrauch asked for a vote.                                                                                      
                                                                                                                                
Representative Holm  agreed that the  bill is a  good vehicle                                                                   
for the  state to  resolve the  retirement past service  cost                                                                   
liability.                                                                                                                      
                                                                                                                                
Representative  Kelly  said  he would  get  Fairbanks'  input                                                                   
today.                                                                                                                          
                                                                                                                                
9:16:02 AM                                                                                                                    
                                                                                                                                
Representative Weyhrauch said  the message has to be that the                                                                   
burden  is on [Fairbanks]  because the  legislature  has done                                                                   
its job.                                                                                                                        
                                                                                                                                
Representative Stoltze WITHDREW his objection.                                                                                  
                                                                                                                                
Representative  Weyhrauch   OBJECTED.    He   suggested  that                                                                   
Fairbanks examine the advice that  they received in the past.                                                                   
He WITHDREW his objection.                                                                                                      
                                                                                                                                
There being NO further OBJECTION, Amendment 2 was adopted.                                                                      
                                                                                                                                
HB  375  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
9:18:04 AM                                                                                                                    
                                                                                                                                

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