Legislature(2013 - 2014)BUTROVICH 205

04/08/2014 09:00 AM Senate STATE AFFAIRS


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09:06:59 AM Start
09:07:51 AM HB217
09:36:49 AM Confirmation Hearings
09:46:00 AM SB30
10:11:32 AM HB310
10:29:54 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 30 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS TELECONFERENCED
Heard & Held
+ HB 217 DR. WALTER SOBOLEFF DAY TELECONFERENCED
Moved HB 217 Out of Committee
+ HB 310 U.S. CONSTITUTIONAL CONVENTION DELEGATES TELECONFERENCED
Moved CSHB 310(STA) am Out of Committee
Confirmation Hearings:
Quinlan Steiner, Public Defender, Director
Alaska Public Defender Agency
Kathleen Frederick, Chief Administrative Law
Judge, Office of Administrative Hearings
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB  30-TEACHERS & PUB EMPLOYEE RETIREMENT PLANS                                                                     
                                                                                                                                
9:46:00 AM                                                                                                                    
CHAIR DYSON announced the consideration of [SB 30].                                                                             
                                                                                                                                
9:46:15 AM                                                                                                                    
MIKE    BARNHILL,    Deputy     Commissioner,    Department    of                                                               
Administration, noted  that this  morning he  submitted responses                                                               
to questions  the committee  had previously.  He asked  the chair                                                               
how he would like to proceed.                                                                                                   
                                                                                                                                
CHAIR DYSON asked him to  reiterate the questions that were asked                                                               
and summarize the answers.                                                                                                      
                                                                                                                                
MR. BARNHILL  reviewed the following committee  questions and his                                                               
written answers:                                                                                                                
                                                                                                                                
   1. What is the long-term expectation of growth in the defined                                                                
     benefit plans?                                                                                                             
                                                                                                                                
     A. The Alaska Retirement Management (ARM) Board has adopted                                                                
     the investment earnings assumption of 8 percent per year.                                                                  
                                                                                                                                
     1.b. What will the defined benefit plans look like if the                                                                  
     State received an average of 4 percent, 6 percent, and 8                                                                   
     percent return on its investments?                                                                                         
                                                                                                                                
     A.  The assumption  is that  the returns  are long-term.  At                                                               
     the,  The FY2012  actuarial valuations  assume an  8 percent                                                               
     rate  of return  and  show an  unfunded  liability of  $11.9                                                               
     billion. That valuation will be  updated at the end of April                                                               
     when   the  ARM   Board  considers   the  FY2013   actuarial                                                               
     valuations. The  expectation is that the  unfunded liability                                                               
     will remain about the same.                                                                                                
     If the  assumed rate  of return is  decreased to  4 percent,                                                               
     which  some  consider  a  "riskless  rate  of  return,"  the                                                               
     unfunded liability  would immediately double to  roughly $24                                                               
     billion.                                                                                                                   
     If the  assumed rate  of return is  6 percent,  the unfunded                                                               
     liability would be about $18 billion                                                                                       
                                                                                                                                
MR.  BARNHILL   explained  that   the  assumed  rate   of  return                                                               
assumption has the  greatest impact of any of  the many actuarial                                                               
assumptions that  are used to  calculate the  actuarial valuation                                                               
every year.                                                                                                                     
                                                                                                                                
9:49:54 AM                                                                                                                    
   2. What is the most current breakdown of costs between                                                                       
     healthcare  and other  pension  costs  for Alaska's  retired                                                               
     public employees?                                                                                                          
                                                                                                                                
     A.  For  both  the  PERS and  TRS  retirement  systems,  the                                                               
     pension unfunded  liability is  69.4 percent  and healthcare                                                               
     liability is  30.6 percent. The FY2013  comprehensive annual                                                               
     financial  (CAF)  report shows  that  for  PERS the  pension                                                               
     benefits  were  just  over  $599   million  and  the  health                                                               
     benefits were  just over $370  million. For TRS  the pension                                                               
     benefits  were  just  over  $380   million  and  the  health                                                               
     benefits were just about $121 million.                                                                                     
                                                                                                                                
   3. Please provide a graph with two trend lines, one being the                                                                
     smooth  rate  of return  compared  to  a trend  showing  the                                                               
     fluctuations in Alaska's historic rates of return.                                                                         
                                                                                                                                
     A.  In  the first  chart  the  blue  line shows  the  fairly                                                               
     volatile rate of return across  a period ranging from 1989 -                                                               
     2014.  The red  line  shows a  rolling five-year  annualized                                                               
     return. From the  late 1980s through 2000  the returns trend                                                               
     from 16  percent down to 8  percent. In 2001 the  line drops                                                               
     in response  to the dotcom  collapse and then trends  up and                                                               
     down again for  the 2009 recession. Over the  last couple of                                                               
     years the five-year  return has started back  up towards the                                                               
     assumed rate  of 8  percent. The next  two charts  show PERS                                                               
     TRS returns  versus the S&P  500 over the same  time period.                                                               
     The trend  tracks fairly closely,  primarily as a  result of                                                               
    the pension funds' 60-70 percent investment in equities.                                                                    
                                                                                                                                
     Page 3  shows the  75 year  chart on the  S&P 500.  The blue                                                               
     line shows the  annual return and is the  most volatile. The                                                               
     green  line shows  a five-year  rolling return  and the  red                                                               
     line shows the ten-year rolling rate of return.                                                                            
                                                                                                                                
   4. If the investment rates go down, would the system proposed                                                                
     in SB 30  provide lower risk for the state  than the current                                                               
     defined contribution plan?                                                                                                 
                                                                                                                                
     A. The  plan may not  pencil out  fiscally if the  return is                                                               
     less than 8 percent.                                                                                                       
                                                                                                                                
   5. If one tier of the defined benefit plan took a                                                                            
     disproportionate amount from the  retirement plan, how would                                                               
     this affect the other defined benefit tiers?                                                                               
                                                                                                                                
     A. The  unfunded liability is  computed as the cost  to each                                                               
     of the defined benefit tiers.  Thus, if PERS Tier I consumed                                                               
     a disproportionate amount of the  resources, the system as a                                                               
     whole  would reflect  an unfunded  liability.  One way  this                                                               
     could happen  is if the  mortality assumptions proved  to be                                                               
     incorrect and  Tier I retirees lived  longer than projected.                                                               
     If an  experience study  by the  actuary showed  that people                                                               
     were living longer  than expected, there would  be an update                                                               
     to  the   mortality  table  and  a   corresponding  unfunded                                                               
     liability for the system would be added to the valuation.                                                                  
                                                                                                                                
     Would the defined contribution tier be affected?                                                                           
                                                                                                                                
     A. No.                                                                                                                     
                                                                                                                                
   6. Will the unfunded liability decrease with more employees in                                                               
     the system?                                                                                                                
                                                                                                                                
     A. The unfunded liability is  computed with respect to every                                                               
     employee so adding new employees  will have no impact. A new                                                               
     tier of  defined benefit  employees may or  may not  meet or                                                               
     exceed  actuarial  assumptions  but   it  won't  impact  the                                                               
     existing  unfunded  liability  associated with  the  current                                                               
     members of the plan.                                                                                                       
                                                                                                                                
   7. What number does the administration use to calculate                                                                      
     investment returns?                                                                                                        
                                                                                                                                
     A. Eight percent.                                                                                                          
                                                                                                                                
   8. Please provide a graph that shows the effect of SB 30                                                                     
     employee and employer contributions.                                                                                       
                                                                                                                                
     A. The chart  (with yellow bars) is modeled  on the previous                                                               
     version  of  the  bill,  Senate   Bill  121.  The  actuarial                                                               
     calculations  are  somewhat stale  and  both  the model  and                                                               
     calculations probably warrant updating.                                                                                    
                                                                                                                                
9:57:56 AM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  if  the  bill  has  a  positive  or                                                               
negative  fiscal  note  when  using the  actuary  and  ARM  Board                                                               
assumption of an 8 percent investment return.                                                                                   
                                                                                                                                
MR.  BARNHILL   replied  the  administration's  fiscal   note  is                                                               
indeterminate,  primarily   because  it  reflects   the  inherent                                                               
uncertainty in any defined benefit  plan. He credited the sponsor                                                               
for  going  to  great  lengths  to  eliminate  certain  types  of                                                               
uncertainty, particularly  with respect to healthcare  costs, but                                                               
continued  to assert  that it  isn't possible  to eliminate  risk                                                               
with respect  to all of the  assumptions. He cited the  assumed 8                                                               
percent   investment   earnings,   mortality   assumptions,   and                                                               
inflation as examples.                                                                                                          
                                                                                                                                
10:00:02 AM                                                                                                                   
SENATOR WIELECHOWSKI  pointed out that fiscal  notes are prepared                                                               
all the  time when all the  variables aren't known. He  cited the                                                               
price of oil as an example. He  asked if the fiscal impact to the                                                               
state is  positive or  negative, using  all the  assumptions that                                                               
the actuary and the ARM Board used.                                                                                             
                                                                                                                                
MR. BARNHILL conceded that the  actuary letter indicates a short-                                                               
term savings over "the first  X years" under the assumptions that                                                               
go into the bill.                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked how much.                                                                                            
                                                                                                                                
MR. BARHILL replied it's $68.9 million.                                                                                         
                                                                                                                                
CHAIR  DYSON  asked  if  there is  a  discernable  difference  in                                                               
recruitment and  retention of  PERS and  TRS employees  since the                                                               
State adopted the defined contribution plan.                                                                                    
                                                                                                                                
MR.  BARNHILL said  he  would  provide the  trend  data that  was                                                               
prepared for  Senator Giessel  and the  committee could  draw its                                                               
own  conclusions. The  State of  Alaska hasn't  done an  employee                                                               
movement report since the end  of FY2011 but those numbers didn't                                                               
show an  increase in employee  terminations subsequent  to FY2007                                                               
when the  defined contribution  plan was  adopted. They  showed a                                                               
small decrease  in people  leaving the state,  but that  could be                                                               
due  to the  nationwide  economic  recession. Alaska  experienced                                                               
fairly high  rates of employee  turnover prior to the  closing of                                                               
the defined  benefit plan  and he believes  that's the  nature of                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR DYSON asked  if the state has a formal  process for looking                                                               
at trends and  analyzing the efficacy of the  salary and benefits                                                               
program.                                                                                                                        
                                                                                                                                
MR.  BARNHILL replied  there  is an  informal  process where  the                                                               
State is constantly  being asked to evaluate the  fairness of its                                                               
salary  schedules and  pension benefits.  He segued  to highlight                                                               
the benefits  of the existing  PERS Tier IV  defined contribution                                                               
plan. The employee contributes 8  percent of their income into an                                                               
account that  they control  and the  PERS employer  contributes 5                                                               
percent. There is  also the Supplemental Annuity  System (SBS) in                                                               
which  the employee  contributes  6.13 percent  and the  employer                                                               
matches  that  contribution.  The   combined  total  comes  to  a                                                               
contribution rate of 25.26 percent  of an employee's salary. In a                                                               
defined  contribution  system,  employees are  expected  to  stay                                                               
employed for 30-35 years. That's  not unreasonable; it's a normal                                                               
working  career. He  submitted  that  testimony suggesting  fewer                                                               
years  isn't reasonable  because  it's not  possible  to build  a                                                               
sustainable   retirement  plan   on   a   20-year  career.   With                                                               
compounding,   35-40  years   of  contributions   to  a   defined                                                               
contribution pension plan add up to a secure retirement.                                                                        
                                                                                                                                
MR. BARNHILL described  the array of investment  options that the                                                               
ARM  Board  and   the  Division  of  Treasury   put  together  as                                                               
phenomenal.  Under  the  U.S. Department  of  Labor  regulations,                                                               
defined contribution  employees default  into a target  date fund                                                               
that's based on  their age. The funds  are professionally managed                                                               
and  have   low  administrative  and  investment   expenses.  For                                                               
example, the  2040 Target Date  Fund charges 0.26  percent, which                                                               
is far less than the  administrative costs paid to the investment                                                               
managers in  the defined  benefit plan.  An employee  who remains                                                               
employed by  the State of Alaska  for 30-40 years may  build up a                                                               
defined contribution  of over $1  million, assuming an  8 percent                                                               
rate of return. Adding in the SBS roughly doubles that amount.                                                                  
                                                                                                                                
10:09:42 AM                                                                                                                   
CHAIR DYSON  commented that the defined  contribution also allows                                                               
portability.                                                                                                                    
                                                                                                                                
MR. BARNHILL agreed.                                                                                                            
                                                                                                                                
10:10:43 AM                                                                                                                   
CHAIR DYSON stated he would hold  SB 30 in committee. Although he                                                               
didn't believe  that the bill  would pass  this year, he  said he                                                               
was impressed  with the efforts  that were  put forth to  make it                                                               
happen.                                                                                                                         

Document Name Date/Time Subjects
HB0217A.pdf SSTA 4/8/2014 9:00:00 AM
HB 217
HB 217 Sectional Summary.pdf SSTA 4/8/2014 9:00:00 AM
HB 217
HB0217-1-2-022114-ADM-N.pdf SSTA 4/8/2014 9:00:00 AM
HB 217
2 (b)CSHB 310 C.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
2 (a)HB 310 Ver U.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
2 (c)CSHB 310 C A.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
3 HB 310 Sponsor Statement.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
4 CSHB 310 ver C Explanation of Changes.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
5 CSHB 310 (STA) Fiscal Note.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (a)CSHB 310 Ver C Supporting Document - Delegate qualifications.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (b)HB 310 Supporting Document Indiana SB 224.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
SB 224
6 (c)CSHB 310 Ver C Supporting Document Limits on Delegate authority.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (d)HB 310 Supporting Document HB 284.pdf SSTA 4/8/2014 9:00:00 AM
HB 284
HB 310
6 (e)HB 310 Supporting Document HJR 17 History Legislation and Congressional Record.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (f)HB 310 Supporting Document HJR Resolution 22.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (g)HB 310 Supporting Document Indiana Code.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
Chief Administative Law Judge - Frederick #5.pdf SSTA 4/8/2014 9:00:00 AM
Public Defender - Steiner #5.pdf SSTA 4/8/2014 9:00:00 AM