Legislature(2017 - 2018)BUTROVICH 205

03/20/2018 03:30 PM Senate STATE AFFAIRS

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Audio Topic
03:29:45 PM Start
03:31:04 PM Confirmation Hearing(s): Commissioner, Department of Administration; Personnel Board
04:17:27 PM SB192
04:58:19 PM SB159
05:14:14 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees TELECONFERENCED
Commissioner of Administration:
Leslie Ridle
Personnel Board:
Al Tamagni
-- Public Testimony on Appointees --
*+ SB 159 PERS/TERS DISTRIBUTIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 192 VOTING: ADDRESS CONFIDENTIALITY; FEES TELECONFERENCED
Moved CSSB 192(STA) Out of Committee
                 SB 159-PERS/TRS DISTRIBUTIONS                                                                              
                                                                                                                                
4:58:19 PM                                                                                                                    
CHAIR MEYER announced the consideration of SB 159.                                                                              
                                                                                                                                
4:58:56 PM                                                                                                                    
COMMISSIONER-DESIGNEE   LESLE   RIDLE,   Alaska   Department   of                                                               
Administration,  Juneau,  Alaska, explained  that  SB  159 was  a                                                               
straight  forward bill  that Kathy  Lea,  chief pension  officer,                                                               
will discuss with the committee.                                                                                                
                                                                                                                                
4:59:15 PM                                                                                                                    
KATHY LEA,  Deputy Director and  Chief Pension  Officer, Division                                                               
of Retirement and Benefits,  Alaska Department of Administration,                                                               
Juneau, Alaska, disclosed  that the bill comes at  the request of                                                               
the  Alaska Retirement  Management  Board  (ARMB). She  explained                                                               
that the board  is considering options for  distribution from the                                                               
defined  contribution  plans  that will  enhance  the  retirement                                                               
readiness for members.                                                                                                          
                                                                                                                                
She referenced slide 2 in  her presentation, "Proposed Change" as                                                               
follows:                                                                                                                        
                                                                                                                                
   • The Alaska Retirement Management Board (ARMB) must be able                                                                 
     to add or change distribution options easily and in a                                                                      
     relatively short timeframe.                                                                                                
   • The proposal is to move disbursement options from the                                                                      
     Alaska Public  Employees' Retirement  System (PERS)  and the                                                               
     Teachers'  Retirement  System   (TRS)  defined  contribution                                                               
     statutes into regulation  to allow for a  faster response to                                                               
     participant needs.                                                                                                         
   • The ARMB unanimously approved the proposal.                                                                                
                                                                                                                                
She referenced slide 3, "The Issue" as follows:                                                                                 
                                                                                                                                
   • The PERS/TRS DCR (Tier IV) plans to use the statutes as the                                                                
     plan document.                                                                                                             
   • Any changes to modernize options or to meet new Internal                                                                   
     Revenue requirements require a statutory change.                                                                           
   • Statutory changes can take several sessions to accomplish,                                                                 
     if at all.                                                                                                                 
   • Meanwhile, participants' needs are not being met.                                                                          
   • This bill would give the DCR plans the same flexibility as                                                                 
     the supplemental benefits system (SBS) and Deferred                                                                        
     Compensation plans.                                                                                                        
                                                                                                                                
MS.  LEA  summarized  that  the bill  will  move  the  referenced                                                               
statutes   into  regulation,   provide   the   board  with   more                                                               
flexibility to add, change or  delete options. She noted that the                                                               
referenced  flexibility already  exists in  the SBS  and Deferred                                                               
Compensation plans  where their statutes authorize  the plan, but                                                               
they are governed by a plan document.                                                                                           
                                                                                                                                
5:01:25 PM                                                                                                                    
She referenced slide 4, "PERS/TRS Need," as follows:                                                                            
                                                                                                                                
   • The PERS/TRS DCR plans have vested employees who are                                                                       
     retiring and need help facing the challenges of retirement.                                                                
   • The ARMB Defined Contribution Subcommittee is exploring                                                                    
     options that will help participants:                                                                                       
        o Not outlive their retirement savings,                                                                                 
        o Address purchasing power over time, and                                                                               
        o Protect against market uncertainty.                                                                                   
                                                                                                                                
She commented as follows:                                                                                                       
                                                                                                                                
     These  are in  the form  of what's  called a  Qualified                                                                    
     Longevity   Annuity   Contract   that   addresses   the                                                                    
     longevity   risk   when   spending   down   a   defined                                                                    
     contribution  plan by  deferring payment  to age  80 or                                                                    
     85,  a  portion of  the  assets  can  be a  maximum  of                                                                    
     $125,000 or  25 percent of  the assets of  the account,                                                                    
     and  it is  to  ensure  that you  don't  out live  your                                                                    
     assets; however,  that type of  a plan is  not included                                                                    
     in the current statute.                                                                                                    
                                                                                                                                
     Another  type of  withdrawal is  a Guaranteed  Lifetime                                                                    
     Withdrawal   Option,  and   what  this   does  is   the                                                                    
     participant can elect to enter  that anytime between 10                                                                    
     years  prior  to  their  retirement  and  they  pay  an                                                                    
     insurance  premium and  they insure  their balance  and                                                                    
     this deals with the uncertainty  of how much money am I                                                                    
     going  have to  live  on, because  with that  insurance                                                                    
     whatever is  their highest  balance during  that tenure                                                                    
     period  or  beyond  is what  their  monthly  withdrawal                                                                    
     benefit  is based  on. So,  it protects  them from  the                                                                    
     downside of  the investments, but  allows them  to have                                                                    
     the benefit of  the upside, this is also  not an option                                                                    
     that is covered by the statutes.                                                                                           
                                                                                                                                
MS. LEA explained that by  moving the statutory requirements into                                                               
regulation, the public process will  remain. She referenced slide                                                               
4, "Transparent Process for Change," as follows:                                                                                
                                                                                                                                
   • Discussions regarding disbursement options are done in a                                                                   
     public forum during the selection process.                                                                                 
   • Participants and groups representing participants will have                                                                
     input during subcommittee and ARMB committee meetings.                                                                     
   • The process remains public and transparent but allows for                                                                  
     faster adoption of needed change.                                                                                          
   • All interested parties are notified of any changes through                                                                 
     the regulation process.                                                                                                    
                                                                                                                                
She pointed  out that  when regulations  are noticed,  the notice                                                               
must be for 30 days. She  detailed that the notices will occur in                                                               
newspapers   and  online   on  the   department's  website.   She                                                               
emphasized that  the change will  allow for a faster  process for                                                               
needed change.  She summarized that  approximately 60  days would                                                               
be needed to  implement a change after ARMB  adoption rather than                                                               
one or two legislative sessions.                                                                                                
                                                                                                                                
5:04:28 PM                                                                                                                    
CHAIR MEYER  asked if  the bill will  result in  everything being                                                               
done  by  regulation  rather  than  having  to  come  before  the                                                               
Legislature.                                                                                                                    
                                                                                                                                
MS.  LEA  answered correct.  She  specified  that the  department                                                               
would  proceed  through  regulation on  the  recommendation  from                                                               
ARMB.                                                                                                                           
                                                                                                                                
SENATOR WILSON  asked if she  knew the percentage of  people that                                                               
retire and take their entire balance in a lump sum.                                                                             
                                                                                                                                
MS. LEA  answered that she will  get back to Senator  Wilson with                                                               
an answer.                                                                                                                      
                                                                                                                                
SENATOR  COGHILL asked  if the  bill  would provide  departmental                                                               
regulatory authority and put ARMB in charge of policy makeup.                                                                   
                                                                                                                                
MS.  LEA answered  correct.  She detailed  that  ARMB would  make                                                               
recommendations for  changes in options and  the department would                                                               
do  the  regulations  and  public  notice.  She  added  that  for                                                               
visibility reasons  the Legislature would receive  notice for all                                                               
regulations that the retirement system promulgates.                                                                             
                                                                                                                                
SENATOR  COGHILL  asked  what  the  difference  was  in  how  the                                                               
supplemental benefit system management works outside of ARMB.                                                                   
                                                                                                                                
MS.  LEA explained  that  the SBS  works the  way  that the  bill                                                               
proposes for  the defined contribution retirement  plan and added                                                               
that  ARMB  has  oversight  for  those  as  well  as  the  public                                                               
employee's deferred compensation plan.                                                                                          
                                                                                                                                
SENATOR  COGHILL pointed  out that  a  practicing, working  model                                                               
exists. He asked if there have been pushback issues.                                                                            
                                                                                                                                
5:07:07 PM                                                                                                                    
MS. LEA replied that she is  not aware of any pushback items. She                                                               
said  the   department's  intent   is  to  improve   the  defined                                                               
contribution  retirement  plans  and improving  the  options  for                                                               
spend-down. She  noted that the options  can be added as  soon as                                                               
ARMB approves them into the SBS plan.                                                                                           
                                                                                                                                
SENATOR  COGHILL  explained  that   his  first  thought  was  the                                                               
Legislature  would  give up  authority;  however,  he noted  that                                                               
flexibility might  be required for  management purposes.  He said                                                               
he has  not heard  of problems  within the  Legislature regarding                                                               
SBS. He continued as follows:                                                                                                   
                                                                                                                                
     The other thing  is in the management  style, this will                                                                    
     probably fall  into the question of  diminished benefit                                                                    
     issues and as  long as it is done  through a management                                                                    
     to look  out for the  best interest of  that particular                                                                    
     fund, is that how you get out of problem there?                                                                            
                                                                                                                                
MS.  LEA  replied that  there  would  not  be a  diminishment  of                                                               
benefits because  the option is  a dispersement,  dispersement to                                                               
the participant is not being denied. She summarized as follows:                                                                 
                                                                                                                                
     What  we  are  doing  is  trying  to  add  dispersement                                                                    
     options to them,  but even if we in the  future were to                                                                    
     take away  a dispersement option, that  still would not                                                                    
     be  a diminishment  of their  benefit,  they are  still                                                                    
     allowed to take their whole benefit.                                                                                       
                                                                                                                                
SENATOR COGHILL replied as follows:                                                                                             
                                                                                                                                
     I was searching  for a way that it might  happen, but I                                                                    
     just couldn't think of one, so it's just the options.                                                                      
                                                                                                                                
5:09:09 PM                                                                                                                    
SENATOR  WILSON   said  he   had  a   similar  question   on  the                                                               
dispersement.  He noted  that there  was a  recent study  showing                                                               
that  in the  PERS  Tier IV  options that  most  folks would  not                                                               
receive enough  to live  upon. He  asked if  drawing down  over a                                                               
longer period  would still allow  a person to accumulate  more in                                                               
their savings.  He inquired  if the  department has  an actuarial                                                               
study or  numbers on the stress  test of the Tier  IV program for                                                               
current retirees.                                                                                                               
                                                                                                                                
MS.  LEA replied  that the  department has  done analysis  on the                                                               
PERS  and  TRS  defined  contribution   plans.  She  detailed  as                                                               
follows:                                                                                                                        
                                                                                                                                
     What our analysis showed was  that if a participant was                                                                    
     participating  in either  social  security  or the  SBS                                                                    
     that  they  would  have  sufficient  means  to  have  a                                                                    
     dignified retirement.  The problem  areas come  in with                                                                    
     those  groups   that  do  not  participate   in  social                                                                    
     security or  SBS and that  problem has  been identified                                                                    
     and that is  something that ARMB is also  looking at as                                                                    
     well as the administration.                                                                                                
                                                                                                                                
SENATOR  WILSON  asked her  to  verify  that  the bill  does  not                                                               
address the other need of giving more dispersement options.                                                                     
                                                                                                                                
MS. LEA answered as follows:                                                                                                    
                                                                                                                                
     The plan is a little over  10 years old so it's hard to                                                                    
     say what it will be doing at  the end of a career for a                                                                    
     person.  What we  are  trying  to do  is  put in  place                                                                    
     options for those  who are going to look  at a lifetime                                                                    
     income from  this at some  point in the future.  So, we                                                                    
     are trying to  improve those options so  that they have                                                                    
     more  choices  to  address whether  they  feel  it's  a                                                                    
     longevity risk, a market risk  at the time they retire,                                                                    
     or  if  they just  want  to  take  their money  and  do                                                                    
     something else with it.                                                                                                    
                                                                                                                                
SENATOR WILSON replied as follows:                                                                                              
                                                                                                                                
     I  appreciate that,  speaking  as  the only  millennial                                                                    
     senator in the building  and for other future staffers,                                                                    
     this is a  concern for folks that would like  to make a                                                                    
     career of  any Tier IV  governmental type of job.  I do                                                                    
     recognize  the  concern  and appreciate  the  different                                                                    
     options of looking at different strategies.                                                                                
                                                                                                                                
CHAIR MEYER asked if the bill only pertains to the defined                                                                      
benefit plan.                                                                                                                   
                                                                                                                                
MS. LEA explained that the bill  only applies to the PERS and TRS                                                               
defined contribution  plan. She  specified that the  other plans,                                                               
the  defined  benefit  plans, already  have  guaranteed  lifetime                                                               
benefits.                                                                                                                       
                                                                                                                                
5:13:09 PM                                                                                                                    
CHAIR MEYER held SB 159 in committee.                                                                                           

Document Name Date/Time Subjects
Commissioner of Administration Leslie Ridle.pdf SSTA 3/20/2018 3:30:00 PM
Confirmation Hearing
Personnel Board Al Tamagni.pdf SSTA 3/20/2018 3:30:00 PM
Confirmation Hearing
SB 159 Tranmsittal Letter PERS and TRS.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 Version A.PDF SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 Hearing Request.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 DOA Presentation in SSTA 3.20.18.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
SB 159 Fiscal Note.pdf SSTA 3/20/2018 3:30:00 PM
SSTA 4/5/2018 3:30:00 PM
SB 159
CS SB 192 Version D.pdf SSTA 3/20/2018 3:30:00 PM
SB 192
SB 192 Amendment 1.pdf SSTA 3/20/2018 3:30:00 PM
SB 192