Legislature(2011 - 2012)BUTROVICH 205

04/14/2011 09:00 AM Senate STATE AFFAIRS


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09:02:09 AM Start
09:04:01 AM SB121
10:32:20 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 121 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 121-TEACHERS & PUB EMPLOYEE RETIREMENT PLANS                                                                     
                                                                                                                                
9:04:01 AM                                                                                                                    
CHAIR WIELECHOWSKI  announced the consideration of  SB 121, which                                                               
would  let  Alaska  public employees  choose  between  a  defined                                                               
contribution and a defined benefit  pension system. This bill was                                                               
introduced recently  by Senator Dennis  Egan and has  a companion                                                               
bill in the House.                                                                                                              
                                                                                                                                
9:04:07 AM                                                                                                                    
SENATOR  DENNIS EGAN,  sponsor of  SB 121,  introduced his  staff                                                               
member Jesse  Kiehl. Senator Egan noted  the key point of  SB 121                                                               
is  to  give employees  a  choice  between defined  benefits  and                                                               
defined contributions. Thus, a military  retiree signing on for a                                                               
few more years of service with  a city government will be able to                                                               
choose defined  contributions; a state  trooper who will  put his                                                               
life  on the  line for  decades will  be able  to choose  defined                                                               
benefits.                                                                                                                       
                                                                                                                                
SENATOR EGAN said  the new tier would be less  expensive and more                                                               
predictable, thanks to  the change in medical  benefits. There is                                                               
no big surprise in this legislation.  It keeps all of Senate Bill                                                               
141  safeguards in  place, and  would be  cheaper for  the state,                                                               
municipalities, and school  districts. In time this  will free up                                                               
several million dollars  per year. When the Lower 48  gets out of                                                               
the recession,  Alaska will  again have  to compete  for teachers                                                               
and engineers.  Defined benefit checks  are a shock  absorber for                                                               
the Alaskan economy. The actuarial  analysis shows lower cost for                                                               
better benefits. This  is the right thing to do  for Alaskans. He                                                               
said that hopefully  the committee will be able to  hear the bill                                                               
in more detail during the Interim.                                                                                              
                                                                                                                                
9:08:25 AM                                                                                                                    
CHAIR WIELECHOWSKI asked Mr. Kiehl to walk through the bill.                                                                    
                                                                                                                                
JESSE KIEHL, staff to Senator Dennis  Egan, said SB 121 would add                                                               
a new  tier to  the state's  defined benefit  retirement systems.                                                               
The Public  Employees Retirement  System (PERS)  covers employees                                                               
of  the  state, of  municipalities,  and  a few  school  district                                                               
employees.   The   Teachers   Retirement  System   (TRS)   covers                                                               
certificated teachers  in the state  of Alaska; a  few additional                                                               
employers also participate. Article 7,  Section 12, of the Alaska                                                               
Constitution  protects  an  accrued  benefit  in  the  retirement                                                               
system of  the state.  When the  state makes  changes, it  has to                                                               
protect new  hires. This  bill gives new  hires a  choice between                                                               
the current  defined contribution tier,  which is Tier IV  in the                                                               
PERS system  and Tier III  in the TRS  system, and a  new defined                                                               
benefit tier.                                                                                                                   
                                                                                                                                
9:10:02 AM                                                                                                                    
Sections  1 and  2  are meant  to clarify  that  the TRS  defined                                                               
benefit statutes  apply only to  employees who  are participating                                                               
in the Defined Benefit (DB) and  did not convert; no employee can                                                               
participate in both plans. Section  1 also puts all TRS employers                                                               
on  an equal  footing by  requiring them  to offer  new employees                                                               
this choice.                                                                                                                    
                                                                                                                                
CHAIR  WIELECHOWSKI asked  if he  anticipated how  many employees                                                               
would  choose Defined  Contribution (DC)  versus Defined  Benefit                                                               
(DB).                                                                                                                           
                                                                                                                                
MR. KIEHL  said he  didn't have a  solid estimate.  One challenge                                                               
will be looking  at the actuaries' estimates for  how many people                                                               
will make that choice, and  whether that changes the expectations                                                               
of the systems.                                                                                                                 
                                                                                                                                
MR. KIEHL  continued with the  overview. He said that  Sections 3                                                               
and  4 of  the  bill  require a  person  who receives  disability                                                               
benefits to  seek work  if he  or she  is able  and to  receive a                                                               
medical examination.  This is a  safeguard to ensure  that people                                                               
receiving  disability   benefits  under   the  system   would  be                                                               
reevaluated on a regular basis.                                                                                                 
                                                                                                                                
CHAIR  WIELECHOWSKI recognized  Representative  Muñoz joined  the                                                               
meeting.                                                                                                                        
                                                                                                                                
9:12:49 AM                                                                                                                    
Sections 5  and 6  establish a new  eligibility standard  for TRS                                                               
retiree medical benefits.  This is the primary change  in the new                                                               
tier.  A teacher  with 25  years of  service may  receive medical                                                               
benefits paid for  by the system. With less than  25 years but at                                                               
least 8 years,  the system would pay benefits once  the person is                                                               
Medicare eligible. The accrued benefit  in this tier would depend                                                               
on  what the  federal government  does with  Medicare. That  is a                                                               
crucial change, also  reflected in the PERS changes  later in the                                                               
bill.  This reduces  the volatility  of future  medical liability                                                               
and reduces  costs because the  retiree medical system will  be a                                                               
Medicare supplement for many of its beneficiaries.                                                                              
                                                                                                                                
The bill  does retain system-paid  medical benefits for  those on                                                               
disability.  If  a  retiree does  not  have  system-paid  medical                                                               
benefits, he or she can purchase insurance through the system.                                                                  
                                                                                                                                
9:15:25 AM                                                                                                                    
CHAIR WIELECHOWSKI asked  if under the new provision  there is no                                                               
vesting until 25 years.                                                                                                         
                                                                                                                                
MR. KIEHL responded under TRS it  is 8 years. That is the minimum                                                               
service requirement,  but the retiree  can't collect  the benefit                                                               
until he or she becomes Medicare eligible.                                                                                      
                                                                                                                                
CHAIR WIELECHOWSKI  asked for confirmation  that a  teacher under                                                               
Tier III who  retires at age 60 has no  health insurance from the                                                               
system  until  age  65,  unless  he or  she  pays  the  insurance                                                               
premiums.                                                                                                                       
                                                                                                                                
MR. KIEHL agreed.                                                                                                               
                                                                                                                                
CHAIR  WIELECHOWSKI asked  how  many years  of  service would  be                                                               
required for a public employee to vest.                                                                                         
                                                                                                                                
MR. KIEHL answered  the minimum service requirement  is ten years                                                               
for both  Tier III and the  new tier and the  individual would be                                                               
Medicare eligible before he or she could collect the benefit.                                                                   
                                                                                                                                
CHAIR WIELECHOWSKI asked if the  basic difference is that the new                                                               
tier  eliminates  the  five-year  gap where  people  are  without                                                               
insurance unless they pay the premiums.                                                                                         
                                                                                                                                
MR. KIEHL  suggested members review  the comparison chart  of the                                                               
current defined benefit  tiers in the bill packet.  It provides a                                                               
good description of the defined benefits for both TRS and PERS.                                                                 
                                                                                                                                
CHAIR  WIELECHOWSKI   asked  Mr.  Kiehl  to   continue  with  the                                                               
sectional analysis.                                                                                                             
                                                                                                                                
9:18:15 AM                                                                                                                    
MR. KIEHL said Section 7  contains clarifying language that makes                                                               
it clear  that the  defined contribution  statutes apply  only to                                                               
employees who  participate in the  defined contribution  plan and                                                               
do not  convert to  the new defined  benefit system.  No employee                                                               
may participate in both DC and DB plans.                                                                                        
                                                                                                                                
Section  8  puts  all  TRS  employers  on  an  equal  footing  by                                                               
requiring  them  to offer  all  new  employees the  same  choice.                                                               
Section 9  contains the provisions  that give a new  hire teacher                                                               
that  has no  previous service  in TRS,  a one-time,  irrevocable                                                               
choice of defined benefit or  defined contribution. New employees                                                               
are put in  the DB system, but  within 60 days they  may elect to                                                               
participate  in the  DC system.  The Division  of Retirement  and                                                               
Benefits  has  raised  concern  about  the  workability  of  that                                                               
timeframe and the sponsor is willing  to work to ensure that it's                                                               
workable for school districts and the division.                                                                                 
                                                                                                                                
9:20:22 AM                                                                                                                    
Section 10 makes it clear  that the defined benefit statutes only                                                               
apply to DB  employees. It also puts all PERS  employers on equal                                                               
footing,  by  requiring  them  to   provide  the  choice  to  new                                                               
employees.                                                                                                                      
                                                                                                                                
Section 11  sets the same  minimum earning threshold  for elected                                                               
officials in  the new  defined benefits tier  as the  2004 reform                                                               
bill implemented. There was significant  concern when Senate Bill                                                               
141  passed,  about  some  elected   officials,  usually  at  the                                                               
municipal  level,  who  are  paid an  honorarium  rather  than  a                                                               
salary,  and were  in  previous years  gaining  credit for  their                                                               
work, and  their employers' contributions were  out of proportion                                                               
to  the  benefits  they earned.  This  maintains  that  safeguard                                                               
explicitly in the new tier.                                                                                                     
                                                                                                                                
Sections 12  and 13  extend disability  medical checkups  to PERS                                                               
employees. Section  14 contains the new  medical requirements for                                                               
PERS members. This is more  complicated in PERS because there are                                                               
two categories: police and fire, and all others.                                                                                
                                                                                                                                
9:22:06 AM                                                                                                                    
In the new DB tier, a  police officer or fire fighter full career                                                               
is 25 years, with benefits paid  no matter the age at retirement.                                                               
For others  a full career  is 30 years.  For those who  work less                                                               
than the full career amount, 10  years is the minimum to vest but                                                               
medical benefits  are not collectible  until the  retiree becomes                                                               
Medicare eligible.                                                                                                              
                                                                                                                                
Sections 15 and 16 have  language requiring all PERS employers to                                                               
offer a choice  between DB and DC. Section 17  clarifies that the                                                               
defined  contribution  statutes  apply   only  to  DC  employees.                                                               
Section 18 puts  all employers on equal footing  and requires all                                                               
PERS employers to offer the choice between DB and DC.                                                                           
                                                                                                                                
Section 19 contains  the mechanics of giving the  choice to newly                                                               
hired  public employees;  at the  date  of hire  the default  the                                                               
defined  benefit  system, but  the  employee  has the  option  of                                                               
converting 60 days to convert  to the defined contribution system                                                               
if desired.                                                                                                                     
                                                                                                                                
Section 20 contains repealers to  existing statutes that let non-                                                               
vested  defined   benefit  employees   convert  to   the  defined                                                               
contribution system. That  would go away under  this plan because                                                               
new hires have  the choice. It also repeals  the sections related                                                               
to political subdivisions,  such as cities, that  don't offer the                                                               
choice.                                                                                                                         
                                                                                                                                
9:24:43 AM                                                                                                                    
It also  requires returning  employees who  took their  money out                                                               
and then  return to  work to be  given the same  choice as  a new                                                               
hire, since they would have no money in the system.                                                                             
                                                                                                                                
Section 21  gives those  in the  defined contribution  system who                                                               
did  not have  a  choice an  opportunity to  convert  to the  new                                                               
defined  benefits   tier.  Funds  in  their   accounts  would  be                                                               
transferred into the  PERS or TRS trust fund.  Employees who make                                                               
that  choice  would receive  full  service  credit for  the  time                                                               
worked. An  actuary would calculate  how much time that  buys; to                                                               
ensure there  is no  unfunded liability,  this bill  requires the                                                               
deficiency to be paid up front.                                                                                                 
                                                                                                                                
It  is important  to note  that defined  benefit systems  work to                                                               
prefund  liabilities. Contributions  pay the  future cost  of the                                                               
benefit. Section 23  gives the commissioner of  the Department of                                                               
Administration  authority to  promulgate regulations;  Section 24                                                               
is the effective date.                                                                                                          
                                                                                                                                
9:28:44 AM                                                                                                                    
MR.  KIEHL  noted  that  Senator  Egan asked  him  to  leave  the                                                               
committee with  the information that  the defined  benefit system                                                               
pays  a more  valuable benefit  down  the road  than the  defined                                                               
contribution system.  It does  this for  comparable or  even less                                                               
cost.                                                                                                                           
                                                                                                                                
The committee  packet contains this  analysis by an  actuary very                                                               
familiar with the  PERS and TRS systems. His  analysis shows that                                                               
the new  tiers would  cost less  than prior  tiers and  less than                                                               
defined contributions.  It would provide public  employees with a                                                               
dependable benefit. Most  PERS and TRS retirements  are not rich;                                                               
average retirements  are in  the $20-$30  thousand per  year. But                                                               
they don't  go down  when the stock  market tanks.  Employees who                                                               
rely  only on  individual  investment accounts  have to  decrease                                                               
their  spending when  the market  goes down,  and the  impacts of                                                               
that ripple through the economy.                                                                                                
                                                                                                                                
It  is also  important to  note that  most PERS  retirees do  not                                                               
receive  social   security.  A  defined  benefit   payment  is  a                                                               
tremendous  stabilizer to  the state  economy.  It gives  greater                                                               
benefit for less  cost. It makes good economic sense  and is good                                                               
public policy from a hiring and retention standpoint.                                                                           
                                                                                                                                
CHAIR WIELECHOWSKI opened public testimony.                                                                                     
                                                                                                                                
9:32:10 AM                                                                                                                    
BRETT GILLAN,  representing NEA Alaska,  testified in  support of                                                               
SB 121. He  is a math teacher at West  Anchorage High School, and                                                               
his  wife  teaches  science  at  Golden  View  Middle  School  in                                                               
Anchorage. Roughly two years ago he  was invited by NEA Alaska to                                                               
fly to  Juneau and speak  about the need  to return to  a defined                                                               
benefit plan.  His message  then was simple;  by offering  only a                                                               
defined  contribution plan,  the state  was creating  a class  of                                                               
mercenary teachers  with little incentive  to stay in  Alaska for                                                               
the entirety of  their careers. The state's benefit  plan made it                                                               
so easy  to work for a  short while and then  relocate to another                                                               
state  with   a  more  secure  retirement   package,  even  while                                                               
retaining  the money  sunk into  retirement from  Alaska. The  DC                                                               
plan actively encouraged this class  of mercenary teachers. These                                                               
teachers were  here to reap  the benefits of  impressive starting                                                               
salaries,  only  to  leave  for  states  with  secure  retirement                                                               
options after a few years.                                                                                                      
                                                                                                                                
At the time  he was told that his message  would be more powerful                                                               
if he  could provide examples.  He said  he has returned  here in                                                               
his third  and final year as  an Alaska teacher to  reiterate his                                                               
message and  offer himself  as an example.  He loves  teaching at                                                               
West  Anchorage High;  the outstanding  and diverse  student body                                                               
combined with  a professional and  motivated staff has  created a                                                               
unique  atmosphere  of  academic   excellence  that  he  has  not                                                               
experienced anywhere before,  and does not expect  to find again.                                                               
His wife,  also a teacher, feels  the same about her  own school,                                                               
Golden View  Middle School. It  is physically painful for  him to                                                               
consider moving  to another state, and  yet he and his  wife were                                                               
forced  to evaluate  where they  would be  best situated  for the                                                               
long haul.                                                                                                                      
                                                                                                                                
9:35:17 AM                                                                                                                    
There were many factors to  weigh when considering their options;                                                               
however, a  decision made by  the state  of Alaska six  years ago                                                               
clarified  their  thinking.  Neither  is willing  to  risk  their                                                               
family's  well  being by  depending  on  an insecure  retirement.                                                               
Knowing  they do  not have  the stability  of Social  Security to                                                               
rely on, and knowing they do  not have the stability of a defined                                                               
benefit retirement, he and his wife  are not willing to gamble on                                                               
the prospect of a defined contribution plan.                                                                                    
                                                                                                                                
The  stock market  drop in  2008, which  devastated his  parents'                                                               
retirement, made  it clear how  risky that proposition  would be.                                                               
The question for  him and his wife became not  whether they would                                                               
leave,  but when.  They have  resigned  from their  jobs and  are                                                               
returning to New Mexico and a defined benefit retirement.                                                                       
                                                                                                                                
Last week  he visited  the capital with  a colleague  from Mat-Su                                                               
whose son,  a special education  teacher, and  daughter-in-law, a                                                               
physics teacher, were  packing their bags for states  with a more                                                               
secure retirement.  When he returned  home, his wife told  him to                                                               
make  sure the  committee knew  that  three of  the four  seventh                                                               
grade science teachers  in her school were leaving,  for the same                                                               
reason.  They cannot  afford  the risk  of  retirement in  Alaska                                                               
under a defined contribution plan.  The state is losing three out                                                               
of four science teachers at  Goldenview Middle School, a flagship                                                               
school in Anchorage; this is a serious problem.                                                                                 
                                                                                                                                
Some in this  room believe this problem can be  put off. They say                                                               
jobs are tight outside, so no  one will risk a move. However, the                                                               
teachers he listed:  math science, and special  education, are in                                                               
high demand and  will find work quickly. They can  afford to move                                                               
regardless of the economic climate.  He said, "Unless you believe                                                               
that the  state does not  need high quality,  committed, science,                                                               
math, and  special education  instructors do  not believe  that a                                                               
tight economic climate means this can wait."                                                                                    
                                                                                                                                
Starting pay for teachers in  Alaska is still very appealing, and                                                               
the  state  has  no  problem attracting  new  teachers.  But  the                                                               
current  system actively  encourages them  to walk  out the  door                                                               
within  three to  five years,  just when  they are  hitting their                                                               
peak  effectiveness.  He said,  unless  it  is your  intent  that                                                               
Alaska become  a training  ground for  teachers in  other states,                                                               
the State  cannot afford to put  this off any longer.  Those with                                                               
defined benefit  retirements are staying as  educators in Alaska.                                                               
His brother  and wife,  both middle  school teachers,  moved here                                                               
eight years  before him, but  with confidence in the  security of                                                               
their defined benefit  retirement. With retirement as  it is now,                                                               
he  does  not  have  a  choice.  With  no  option  of  guaranteed                                                               
retirement stability, staying  is too great a  risk. The decision                                                               
was made for him.                                                                                                               
                                                                                                                                
9:40:45 AM                                                                                                                    
MR. GILLAN  said that he is  on his way  out the door. It  is too                                                               
late to keep him here; he urged  the committee to pass SB 121 and                                                               
give  future educators  in Alaska  the  option to  plan from  the                                                               
moment  they  start  here  to stay  here,  and  become  excellent                                                               
teachers throughout their careers in Alaska.                                                                                    
                                                                                                                                
9:41:23 AM                                                                                                                    
JOSH  FOSTER,  Anchorage Fire  Fighter  and  Tier IV  participant                                                               
testified  in support  of  SB  121. He  was  born  and raised  in                                                               
Alaska, attended  Diamond High school,  attended UAA and  UAF and                                                               
received a  bachelor's degree in Fire  Service Administration. He                                                               
was part of  the first group hired under the  DC system; the lack                                                               
of a defined  benefit retirement option is a big  concern for the                                                               
group of 30  firefighters who were hired in that  group. There is                                                               
talk  of taking  lateral transfers  to the  Lower 48,  where most                                                               
firefighters  participate  in a  defined  benefit  system. A  few                                                               
members  of the  group  have already  tested  for departments  in                                                               
other states  but pulled  out at  the last  minute, hoping  for a                                                               
retirement fix in Alaska. He intends  to remain in Alaska, but it                                                               
is difficult  to remain in  a job  without a defined  benefit for                                                               
retirement. He urged the committee to pass SB 121.                                                                              
                                                                                                                                
9:43:24 AM                                                                                                                    
STEVEN CHAYKOWSKI, Anchorage Police  Department (APD), said he is                                                               
a patrol  officer with the APD  and is speaking on  behalf of his                                                               
fellow police officers. He graduated  from Bartlett High and left                                                               
for college,  then returned  to UAA where  he graduated  from the                                                               
ROTC  program and  served  four  years in  the  Air Force.  After                                                               
living in  many places with the  Air Force, he decided  to return                                                               
to Alaska. He left a military pension to return here.                                                                           
                                                                                                                                
At  that time  defined contribution  was  in the  works; when  he                                                               
arrived he  learned that defined  contribution was real.  His job                                                               
is the  most rewarding  thing he could  do. Most  people wouldn't                                                               
want  to do  what he  does, but  it is  rewarding for  him. Forty                                                               
percent of  those trained  as police officers  for the  APD don't                                                               
make it to the street.                                                                                                          
                                                                                                                                
9:46:58 AM                                                                                                                    
OFFICER CHAYKOWSKI  said he  was testifying  in place  of Officer                                                               
Garcia,  who testified  previously and  has now  moved away  from                                                               
Alaska,  for a  job with  secure retirement.  Another officer  he                                                               
knows  has gone  to the  U.S. Marshalls.  He knows  many who  are                                                               
looking at  other options; he himself  has an offer from  the Air                                                               
Force to  go back.  He could  easily leave the  state and  have a                                                               
defined benefit  retirement system. He  took a pay cut  to return                                                               
to Alaska.                                                                                                                      
                                                                                                                                
He doesn't know  what he will be able to  provide for his family,                                                               
or even if he will go home.  He works the night shift in Mountain                                                               
View,  where  he  has  been involved  in  homicides  and  officer                                                               
involved shootings.  He has  actually had to  tell a  mother that                                                               
her  child did  not survive.  His wife  has said--you  don't even                                                               
have a  retirement--what if  something happens  to you  while you                                                               
are at work? With all of that, he still loves his job.                                                                          
                                                                                                                                
He personally loaded an officer  into the ambulance after she was                                                               
shot on  duty. The worst  part was his  wife didn't know  who was                                                               
shot;  she learned  on the  news that  morning an  East Anchorage                                                               
officer was  shot in the line  of duty, and spent  the entire day                                                               
wondering if it was him.                                                                                                        
                                                                                                                                
OFFICER CHAYKOWSKI  said his job  is very  hard on his  family; a                                                               
lack of secure  retirement makes it even worse. He  would like to                                                               
keep his  family here in  Alaska, but doesn't  know if he  can do                                                               
that under  the current system.  The defined  contribution system                                                               
makes him  think of leaving. He  needs the security of  a defined                                                               
benefit plan. It is hard for him  to do his job while in the back                                                               
of his mind  he is worrying about  how much he has  in his 401(K)                                                               
or how much  retirement money he has;  at the same time  he is on                                                               
his way to help someone.                                                                                                        
                                                                                                                                
9:49:58 AM                                                                                                                    
OFFICER CHAYKOWSKI  said his fellow officers  are currently being                                                               
actively  recruited by  other departments  down south.  They view                                                               
this  as a  chance  to get  the best  trained  officers, and  are                                                               
actively  seeking  Alaskans  because  they can  offer  a  defined                                                               
benefit. He is  hoping he can stay here and  sustain his job, and                                                               
hopes that SB 121 will allow him  that chance. It is hard for him                                                               
to turn down the Air Force  when they call. He would rather serve                                                               
Alaskans; SB 121 would help him do that.                                                                                        
                                                                                                                                
9:51:29 AM                                                                                                                    
CHAIR  WIELECHOWSKI   thanked  him  and  the   others  for  their                                                               
testimony  and their  service. He  noted  the administration  was                                                               
present to testify.                                                                                                             
                                                                                                                                
9:51:54 AM                                                                                                                    
MIKE BARNHILL, Deputy  Commissioner, Department of Administration                                                               
(DOA), said he is testifying on  behalf of the DOA and the Office                                                               
of the Governor  in opposition to SB 121. He  said they recognize                                                               
and  understand   the  good  intentions  of   the  sponsor;  they                                                               
recognize  and  understand  the concerns  of  the  employees  who                                                               
testified, and are also very  gratified for the excellent service                                                               
state  employees provide.  The  administration's primary  concern                                                               
centers on the belief that the  state does not have the financial                                                               
capability  to   extend  defined   benefit  promises  to   a  new                                                               
generation of state  employees. The state needs to  fix its long-                                                               
term  fiscal situation.  To potentially  have  a situation  where                                                               
people  relied on  pensions  and then  discovered  they were  not                                                               
there would be unacceptable.                                                                                                    
                                                                                                                                
9:54:52 AM                                                                                                                    
CHAIR WIELECHOWSKI  noted that  Alaska is the  only state  in the                                                               
country that does  not offer either Social Security  or a defined                                                               
benefit for public employees.                                                                                                   
                                                                                                                                
MR. BARNHILL  responded that  Alaska is not  the only  state that                                                               
has opted out of Social Security.                                                                                               
                                                                                                                                
CHAIR WIELECHOWSKI reiterated that Alaska  is the only state that                                                               
has  opted out  of  Social Security  and also  does  not offer  a                                                               
defined benefit plan.                                                                                                           
                                                                                                                                
MR. BARNHILL  said he would  have to check  on that. He  is aware                                                               
that many states are considering  ending defined benefit programs                                                               
and moving to  defined contribution. If Alaska is  the only state                                                               
today, that is not likely to last.                                                                                              
                                                                                                                                
CHAIR  WIELECHOWSKI  asked if  he  knew  what the  state's  total                                                               
accumulated savings is.                                                                                                         
                                                                                                                                
MR.  BARNHILL  answered  $14  billion,  and  the  permanent  fund                                                               
balance is $40 billion.                                                                                                         
                                                                                                                                
CHAIR WIELECHOWSKI asked if it's fair  to say that Alaska has the                                                               
largest savings account in the  United States, and is probably in                                                               
the best financial condition of any state.                                                                                      
                                                                                                                                
MR. BARNHILL said  in the short term yes, but  these promises are                                                               
made for  70 to 80 years.  The oldest PERS retiree  died recently                                                               
at the age of  106. So if the state makes a  new promise today to                                                               
a defined benefit  employee who is 20 years old,  that promise is                                                               
for 70, 80, or even 90 years.                                                                                                   
                                                                                                                                
CHAIR WIELECHOWSKI said actuaries figure  out how much to pay out                                                               
in benefits and how much to take in, and it should equal out.                                                                   
                                                                                                                                
MR. BARNHILL  said theoretically  it should,  but in  practice it                                                               
has not worked in this state for the last 10 years.                                                                             
                                                                                                                                
9:57:42 AM                                                                                                                    
There  are many  reasons why  it hasn't  worked. Sometimes  it is                                                               
actuarial  negligence, but  that's  not always  the case  because                                                               
assumptions  change over  time and  people live  longer. Now  the                                                               
state has  an unfunded liability.  Even with the best  actuary it                                                               
cannot  predict  medical  advances   that  change  mortality.  An                                                               
actuarial study  done under Senate  Bill 141 found out  people on                                                               
average are living longer and  now the state's unfunded liability                                                               
has increased $1 billion in the space of one year.                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI asked if that isn't why actuaries are hired.                                                                 
                                                                                                                                
MR.  BARNHILL   replied  they   base  mortality   assumptions  on                                                               
experience.                                                                                                                     
                                                                                                                                
CHAIR  WIELECHOWSKI asked  what the  initial cost  of malpractice                                                               
estimate was in the Mercer case.                                                                                                
                                                                                                                                
MR. BARNHILL answered  $1.3 billion, which was  attributable to a                                                               
number   of  factors   including  negligence.   The  figure   was                                                               
subsequently increased  to $2.3  billion, based on  the discovery                                                               
of fraud.                                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI asked how much the state settled for.                                                                        
                                                                                                                                
MR. BARNHILL replied $500 million.                                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI  asked if the  state fully funded  the defined                                                               
benefit system during that time.                                                                                                
                                                                                                                                
MR. BARNHILL  answered the  state did not  fully fund  the system                                                               
during  that   time,  for   reasons  attributable   to  actuarial                                                               
negligence and  other reasons. In  2003 the actuarial  audit from                                                               
FY02 was  released, and  the state  first learned  it had  a $4.4                                                               
billion  unfunded  liability. That  increased  for  a variety  of                                                               
reasons, including investment losses.                                                                                           
                                                                                                                                
10:01:24 AM                                                                                                                   
MR.  BARNHILL  said   the  theme  of  his   presentation  is  the                                                               
distinction between  making promises and  the hard work  it takes                                                               
to keep  them. He would  explain why  the state can't  extend new                                                               
promises  to a  new generation  of  state employees.  To date,  a                                                               
pension after 30 years amounts  to 67.5 percent of annual salary;                                                               
the state  provides annual cost  of living increases  and system-                                                               
paid  medical premiums.  That promise  has been  made to  100,000                                                               
people and their  families. There is a high,  long-term cost. The                                                               
state has a  constitutional and a moral obligation  to keep those                                                               
promises.  Actuaries currently  project  those  benefits will  be                                                               
paid until 2080.                                                                                                                
                                                                                                                                
10:03:07 AM                                                                                                                   
Starting  from  today and  for  the  next  50 years,  those  hard                                                               
liabilities will be  in excess of $1 billion per  year. They will                                                               
crest for  a twenty year  period; from  2026 to 2047  the benefit                                                               
payments made by the system will exceed $3 billion per year.                                                                    
                                                                                                                                
SENATOR PASKVAN asked if those were nominal dollars.                                                                            
                                                                                                                                
MR. BARNHILL  answered they are  nominal dollars,  not discounted                                                               
dollars. He  said that  people are  living longer  than expected,                                                               
retiring   earlier  than   expected,   and   health  costs   have                                                               
substantially exceeded  the rate  of inflation. He  described how                                                               
the  state plans  to keep  its promises  to those  employees; the                                                               
State of Alaska will make all benefits payments when due.                                                                       
                                                                                                                                
In order to  meet these promises they are turning  to the general                                                               
fund.  The Senate  Bill 125  general  fund draw  is projected  to                                                               
exceed  $1 billion  a year  by the  end of  this decade;  it will                                                               
exceed  $1.4 billion  by the  middle  of the  next decade.  Total                                                               
employer contribution  rates for  PERS are  now over  30 percent;                                                               
they will  increase in FY13 to  close to 33 percent.  For TRS, it                                                               
will approach 50 percent. So in  order to meet the promises, they                                                               
are currently turning to the general fund.                                                                                      
                                                                                                                                
SENATOR PASKVAN asked what the base wage percentage is.                                                                         
                                                                                                                                
MR. BARNHILL  answered the normal  cost for  PERS is just  over 9                                                               
percent; it fluctuates between 8  and 10 percent. The normal cost                                                               
plus the  employers' contribution is  about 11 percent.  So about                                                               
11  percent goes  to normal  costs and  the defined  contribution                                                               
costs,  leaving  a balance  of  11  percent  being paid  on  past                                                               
service costs.                                                                                                                  
                                                                                                                                
10:07:17 AM                                                                                                                   
SENATOR  PASKVAN  asked  what  the  gross  payroll  is  for  PERS                                                               
employers.                                                                                                                      
                                                                                                                                
MR. BARNHILL said he did not  have the figure available but would                                                               
get it for the members.                                                                                                         
                                                                                                                                
SENATOR PASKVAN asked  if the past service cost at  11 percent is                                                               
being channeled toward the unfunded liability.                                                                                  
                                                                                                                                
MR. BARNHILL answered yes.                                                                                                      
                                                                                                                                
SENATOR PASKVAN asked how much in  total is going to the unfunded                                                               
liability at this time.                                                                                                         
                                                                                                                                
MR. BARNHILL  answered for FY12  under Senate Bill 125  the state                                                               
is  contributing  $474 million  to  the  unfunded liability;  TRS                                                               
employers don't  contribute, but  PERS municipal employers  pay a                                                               
meaningful amount, probably several million dollars.                                                                            
                                                                                                                                
SENATOR PASKVAN  asked if in  FY11 the  payment was in  excess of                                                               
$800 million when the Mercer settlement monies were added.                                                                      
                                                                                                                                
10:09:13 AM                                                                                                                   
MR.  BARNHILL  said  the  Mercer  settlement  netted  about  $400                                                               
million. The Senate  Bill 125 payment for FY11  was $300 million,                                                               
so added together the total was $700 - 800 million.                                                                             
                                                                                                                                
MR. BARNHILL said the final point  is the state plans to make all                                                               
benefit payments  when due. The  cost of promised  benefits keeps                                                               
increasing;  the unfunded  liability is  now projected  to exceed                                                               
$11  billion, PERS  and  TRS rates  are  increasing. Some  things                                                               
cannot be  predicted by actuaries,  such as changes  in mortality                                                               
and  investment  losses,  and   those  will  continue  to  create                                                               
unfunded  liabilities from  now  until the  last defined  benefit                                                               
retiree  expires. That  is a  fact of  life with  defined benefit                                                               
plans.                                                                                                                          
                                                                                                                                
CHAIR WIELECHOWSKI asked  if the administration has  any plans to                                                               
increase  current employees'  retirement  age  or reduce  current                                                               
employees' benefits.                                                                                                            
                                                                                                                                
MR. BARNHILL said  there is no plan to  reduce current retirement                                                               
benefits. That  is prohibited under  the state  constitution. The                                                               
Alaska Supreme  Court has  held that  benefit promises  the state                                                               
extends  cannot be  reduced. The  Court noted  it would  consider                                                               
diminishments in case of a fiscal crisis.                                                                                       
                                                                                                                                
10:12:12 AM                                                                                                                   
SENATOR PASKVAN asked how he would define fiscal crisis.                                                                        
                                                                                                                                
MR. BARNHILL  answered he would  not try  to define it,  and they                                                               
did not want to hear it.                                                                                                        
                                                                                                                                
CHAIR   WIELECHOWSKI  answered   they   do.  He   asked  is   the                                                               
administration having any discussions about what it would be.                                                                   
                                                                                                                                
MR. BARNHILL  said the state  is not in  a fiscal crisis  at this                                                               
time. Funding  of plans  is poor,  but the  state has  assets and                                                               
revenue streams.  He is not  suggesting there is cause  for alarm                                                               
with respect  to current retirees.  But extending these  kinds of                                                               
benefits would  be unwise.  Especially when  the state  relies on                                                               
oil  production  and that  trend  is  steadily down.  TAPS  could                                                               
extend to  2047, maybe 2065.  That will secure  current promises.                                                               
If the  state has  to extend  defined benefits  to 2080  or 2090,                                                               
there is  no way to  make that  guarantee, to guarantee  that the                                                               
general fund  will be there  at the end  of this century  to make                                                               
good on the promises made today.                                                                                                
                                                                                                                                
10:14:54 AM                                                                                                                   
CHAIR WIELECHOWSKI  said the spring forecast  revenue projections                                                               
indicate throughput  decline itself is declining.  The Department                                                               
of Revenue  (DOR) is  projecting a decline  down to  2.1 percent;                                                               
the  price of  oil is  up. He  asked if  it would  that create  a                                                               
fiscal crisis if  the state removed $2 billion per  year from the                                                               
general fund.                                                                                                                   
                                                                                                                                
MR. BARNHILL  said he would  not go there.  He said if  the state                                                               
pays off  the unfunded  liability over a  five year  time period,                                                               
that  would not  solve  the  problem. The  state  would still  be                                                               
exposed  to  the future  risk  of  mortality changes,  increasing                                                               
health  costs, and  investment losses,  and unfunded  liabilities                                                               
could crop up at any time.                                                                                                      
                                                                                                                                
10:16:36 AM                                                                                                                   
CHAIR WIELECHOWSKI asked what the state's credit rating is.                                                                     
                                                                                                                                
MR. BARNHILL answered triple A; the best there is.                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI  asked is it  triple A even with  the unfunded                                                               
liabilities.                                                                                                                    
                                                                                                                                
MR.  BARNILL answered  the state  issues 30  year bonds,  and the                                                               
state has no  problems for 30 years. But the  talk today is about                                                               
70 year promises.                                                                                                               
                                                                                                                                
SENATOR  PASKVAN said  he is  not so  pessimistic about  Alaska's                                                               
future.  He asked  if  we  don't have  a  definition of  economic                                                               
crisis,  how we  know when  we  are operating  with an  objective                                                               
standard.  In  the  context   of  throughput,  the  technological                                                               
advances  of heavy  oil and  shale oil,  and potential  for other                                                               
areas opening up, we should not be pessimistic.                                                                                 
                                                                                                                                
MR.  BARNHILL said  he is  not pessimistic.  He said  it will  be                                                               
clear that  the state  is on  the right path  when the  crude oil                                                               
production chart  shows an uptick. He  cautioned against counting                                                               
the  chickens before  they hatch.  He noted  the legislature  has                                                               
heard  some exciting  news this  session; hydro  fracking on  the                                                               
North Slope, the  gas line, off-shore drilling.  He is optimistic                                                               
those  things will  come to  pass.  When there  is a  meaningful,                                                               
sustained  uptick in  oil production,  then is  the time  to have                                                               
this conversation. Don't make promises that can't be guaranteed.                                                                
                                                                                                                                
10:19:35 AM                                                                                                                   
SENATOR PASKVAN asked  if the administration had  factored in the                                                               
risk  to   Alaska  losing   highly  competent   police  officers,                                                               
teachers, and  other employees.  He asked  have they  factored in                                                               
that loss for 80 years.                                                                                                         
                                                                                                                                
MR.  BARNHILL said  those  concerns  are real,  and  he does  not                                                               
diminish  them.  He  has  to  balance  which  is  worse;  telling                                                               
employees  the truth  about the  state's long-term  finances, and                                                               
giving them the choice while they  are young to go somewhere else                                                               
if they  want a  defined benefit  plan, or  making a  promise the                                                               
state  doesn't know  it  can  keep when  it  is  needed most.  He                                                               
believes the defined contribution plan  is the most honorable and                                                               
moral way for the state to proceed at this time.                                                                                
                                                                                                                                
SENATOR PASKVAN  noted there is  an obligation the state  owes to                                                               
its current public  employees. It is not acceptable  to tell them                                                               
to look elsewhere.                                                                                                              
                                                                                                                                
MR. BRANHILL responded he respected his opinion.                                                                                
                                                                                                                                
CHAIR WIELECHOWSKI  said it  is a basic  math equation.  He asked                                                               
why we can't figure out a system that works.                                                                                    
                                                                                                                                
MR.  BARNHILL replied  this discussion  is playing  out in  state                                                               
legislatures all across the country.                                                                                            
                                                                                                                                
CHAIR WIELECHOWSKI noted we don't care how they do it outside.                                                                  
                                                                                                                                
MR. BARNHILL said the bottom line  is, in a defined benefit plan,                                                               
the risks are all on the  employer. The risks will continue to be                                                               
present until the day it closes.                                                                                                
                                                                                                                                
CHAIR WIELECHOWSKI said  when asking each person  to manage their                                                               
own retirement, that person doesn't know  if they will live to 65                                                               
or  to 100.  The state  can smooth  that out  actuarially; it  is                                                               
extremely  difficult for  one  single person  to  figure out.  He                                                               
noted  the  state  can  ask   for  more  contributions  from  its                                                               
employees.                                                                                                                      
                                                                                                                                
MR.  BARNHILL   agreed  that  investing  in   the  aggregate  has                                                               
efficiencies. He  said the status  quo for  PERS Tier IV  and TRS                                                               
Tier III does  provide meaningful benefits to  these employees. A                                                               
range 16 employee  who works for the state for  30 years in PERS,                                                               
invested at  four percent annual  return, will  end up with  a DC                                                               
account at the  end of that time of  approximately $400,000. They                                                               
will end up with an SBS  account of approximately $400,000.  That                                                               
totals $800,000, which is a meaningful amount.                                                                                  
                                                                                                                                
10:25:25 AM                                                                                                                   
CHAIR  WIELECHOWSKI said  for a  range  16 who  retires after  30                                                               
years with  $800,000, no social  security, and no  other pension,                                                               
they can only pull  out -- at four percent --  $32,000 a year. He                                                               
asked how a person 30 years from now can live on $32,000 a year.                                                                
                                                                                                                                
MR. BARNHILL  said people make  do with  what they have.  He said                                                               
$800,000 is  a meaningful  amount of money  that people  can plan                                                               
for and live on during retirement.  He agreed it was probably not                                                               
as good as a defined benefit plan.                                                                                              
                                                                                                                                
SENATOR PASKVAN asked  isn't the purpose of  defined benefit that                                                               
the  long-lived  employee  takes  advantage  of  the  short-lived                                                               
employee. If  retirement benefits  are not  paid out,  that money                                                               
funds the person who  lives longer. What if you live  to 90 or 95                                                               
or 100?                                                                                                                         
                                                                                                                                
MR.  BARNHILL agreed  that is  a benefit  to the  defined benefit                                                               
plan.                                                                                                                           
                                                                                                                                
10:27:50 AM                                                                                                                   
CHAIR WIELECHOWSKI  asked Mr.  Barnhill to wrap  up, and  said he                                                               
hopes to have another hearing on this bill over the Interim.                                                                    
                                                                                                                                
MR.  BARNHILL said  the administration  looks  forward to  having                                                               
further discussions over  the Interim and into  the next session.                                                               
Even though  they oppose this  bill, they recognize  the concerns                                                               
that drive  it. He said  the Division of Retirement  and Benefits                                                               
will  supply  all  information   as  timely  and  effectively  as                                                               
possible.                                                                                                                       
                                                                                                                                
The  administration has  not  yet submitted  a  fiscal note;  the                                                               
actuary has to  evaluate on a case-by-case basis  the transfer of                                                               
service  credit into  the defined  benefit plan.  Those employees                                                               
have  been contributing  13 percent  to the  defined contribution                                                               
accounts.  Those defined  contribution  accounts got  hit by  the                                                               
Great Recession. In the meantime  the state has been contributing                                                               
close to 30 percent for  defined benefit employees. The chance of                                                               
doing a  one-for-one transfer of  service credit  is nonexistent.                                                               
There will be a general fund impact.                                                                                            
                                                                                                                                
He asked  if SB 121 actually  saves money. He believes,  with all                                                               
due respect to Senator Egan,  a defined benefit is more valuable.                                                               
Therefore  it  has  to  cost more.  The  state  contributes  five                                                               
percent  to the  defined  contribution system.  Right now  normal                                                               
cost for  the defined benefit is  nine percent; that will  go up.                                                               
The  overall contribution  rate  is much  higher  in the  defined                                                               
benefit plan.                                                                                                                   
                                                                                                                                
The risks  to the state  are much  higher with a  defined benefit                                                               
plan.  It will  cost more  money in  the long  term. Transferring                                                               
account balances into  the defined benefit trusts  would not make                                                               
a meaningful dent in the  unfunded liability. It would not change                                                               
contribution  rates, since  they are  calculated on  the combined                                                               
payroll DB  and DC base. The  administration would love to  see a                                                               
defined benefit  system that  actually saved  costs, but  it does                                                               
not exist. That  is why states across the country  are seeking to                                                               
follow Alaska's example.                                                                                                        
                                                                                                                                
10:31:49 AM                                                                                                                   
He  thanked  the  Chair  for   the  opportunity  to  present  the                                                               
administration's position  in opposition to  the bill.  The state                                                               
wants to keep  its retirement promises. It does not  want to make                                                               
new  retirement  promises that  it  cannot  keep. Until  Alaska's                                                               
long-term  fiscal  situation  is  resolved,  this  discussion  is                                                               
premature.                                                                                                                      
                                                                                                                                
CHAIR  WIELECHOWSKI said  the committee  would  continue to  work                                                               
with  the  stakeholders  and the  administration,  and  look  for                                                               
common   ground.  He   thanked  the   committee,  the   recording                                                               
secretary, LIO  staff, and his committee  staff Michelle Sydeman.                                                               
[SB 121 was held in committee.]                                                                                                 

Document Name Date/Time Subjects
SB 121.pdf SSTA 4/14/2011 9:00:00 AM
SB 121 Pensionomics_factsheet_AK_2009.pdf SSTA 4/14/2011 9:00:00 AM
SSTA 2/16/2012 9:00:00 AM
SB 121
SB 121 Sponsor Statement.pdf SSTA 4/14/2011 9:00:00 AM
SSTA 2/16/2012 9:00:00 AM
SB 121
SB 121 NCPERS_ResearchSeries_TopTen.pdf SSTA 4/14/2011 9:00:00 AM
SSTA 2/16/2012 9:00:00 AM
SB 121
SB 121 PERStierI-IVchart.pdf SSTA 4/14/2011 9:00:00 AM
SSTA 2/16/2012 9:00:00 AM
SB 121
SB 121 TRStierI-IIIchart.pdf SSTA 4/14/2011 9:00:00 AM
SSTA 2/16/2012 9:00:00 AM
SB 121
SB 121 Actuarial Analysis - Fornia March 8 2011.pdf SSTA 4/14/2011 9:00:00 AM
SSTA 2/16/2012 9:00:00 AM
SB 121