Legislature(2005 - 2006)HOUSE FINANCE 519

04/30/2005 02:00 PM House FINANCE


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02:29:55 PM Start
02:31:07 PM SB141
05:22:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS
Heard & Held
Meeting recessed to 1:00pm 5/1
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 30, 2005                                                                                            
                         2:29 p.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the House Finance Committee meeting                                                                       
to order at 2:29:55 PM.                                                                                                       
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Eric Croft                                                                                                       
Representative Richard Foster                                                                                                   
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Carl Moses                                                                                                       
Representative Bruce Weyhrauch                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Paul Seaton;  Representative Beth  Kerttula;                                                                    
Senator   Bert  Steadman;   Representative  Lesil   McGuire;                                                                    
Speaker  John  Harris;  Virginia Ragle,  Assistant  Attorney                                                                    
General, Department  of Law; Suzanne Cunningham,  Staff, Co-                                                                    
Chair Meyer                                                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Representative Jim Holm                                                                                                         
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSSB 141(FIN)                                                                                                                   
          "An  Act  relating  to the  teachers'  and  public                                                                    
          employees'   retirement   systems   and   creating                                                                    
          defined  contribution   and  health  reimbursement                                                                    
          plans  for  members  of the  teachers'  retirement                                                                    
          system  and   the  public   employees'  retirement                                                                    
          system  who are  first hired  after July  1, 2005;                                                                    
          relating   to   university  retirement   programs;                                                                    
          establishing  the   Alaska  Retirement  Management                                                                    
          Board   to  replace   the  Alaska   State  Pension                                                                    
          Investment Board, the  Alaska Teachers' Retirement                                                                    
          Board,  and   the  Public   Employees'  Retirement                                                                    
          Board;  adding appeals  of  the  decisions of  the                                                                    
          administrator   of   the  teachers'   and   public                                                                    
          employees' retirement systems  to the jurisdiction                                                                    
          of   the   office  of   administrative   hearings;                                                                    
          providing for  nonvested members of  the teachers'                                                                    
          retirement   system  defined   benefit  plans   to                                                                    
          transfer  into  the  teachers'  retirement  system                                                                    
          defined  contribution   plan  and   for  nonvested                                                                    
          members  of   the  public   employees'  retirement                                                                    
          system defined benefit plans  to transfer into the                                                                    
          public   employees'   retirement  system   defined                                                                    
          contribution   plan;   providing   for   political                                                                    
          subdivisions and  public organizations  to request                                                                    
          to  participate in  the public  employees' defined                                                                    
          contribution  retirement plan;  and providing  for                                                                    
          an effective date."                                                                                                   
                                                                                                                                
          HCSSB 141  (FIN) was heard  and HELD  in Committee                                                                    
          for further consideration.                                                                                            
                                                                                                                                
2:31:07 PM                                                                                                                    
                                                                                                                                
CS FOR SENATE BILL NO. 141(FIN)                                                                                               
                                                                                                                                
     "An   Act  relating   to  the   teachers'  and   public                                                                    
     employees'  retirement  systems  and  creating  defined                                                                    
     contribution   and  health   reimbursement  plans   for                                                                    
     members  of the  teachers'  retirement  system and  the                                                                    
     public  employees'  retirement  system  who  are  first                                                                    
     hired  after  July  1,  2005;  relating  to  university                                                                    
     retirement    programs;    establishing   the    Alaska                                                                    
     Retirement  Management  Board  to  replace  the  Alaska                                                                    
     State  Pension Investment  Board, the  Alaska Teachers'                                                                    
     Retirement Board, and  the Public Employees' Retirement                                                                    
     Board;  adding   appeals  of   the  decisions   of  the                                                                    
     administrator  of the  teachers' and  public employees'                                                                    
     retirement systems  to the  jurisdiction of  the office                                                                    
     of  administrative  hearings; providing  for  nonvested                                                                    
     members  of  the  teachers' retirement  system  defined                                                                    
     benefit   plans   to   transfer  into   the   teachers'                                                                    
     retirement  system defined  contribution  plan and  for                                                                    
     nonvested members  of the public  employees' retirement                                                                    
     system  defined  benefit  plans to  transfer  into  the                                                                    
     public    employees'    retirement    system    defined                                                                    
     contribution    plan;     providing    for    political                                                                    
     subdivisions  and public  organizations  to request  to                                                                    
     participate   in   the    public   employees'   defined                                                                    
     contribution  retirement  plan;  and providing  for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
Representative Joule  WITHDREW his objection from  April 28,                                                                    
2005, to  Representative Hawker's  motion to adopt  the work                                                                    
draft for SB 141, Version C.                                                                                                    
                                                                                                                                
Representative  Hawker WITHDREW  his motion  from April  28,                                                                    
2005,  to  adopt  a  work  draft for  SB  141,  labeled  24-                                                                    
LS0637\C, Craver, 4/26/05.                                                                                                      
                                                                                                                                
2:31:56 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  noted that the  House State  Affairs version                                                                    
would be before the Committee [24-LS0637\X].                                                                                    
                                                                                                                                
2:32:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PAUL  SEATON, STATE AFFAIRS  COMMITTEE CHAIR,                                                                    
reviewed HCS  CSSB 141  (HSTA). He  provided members  with a                                                                    
handout:  "Walkthrough House  State  Affairs CS  to SB  141"                                                                    
(copy on  file.)  He  explained the changes to  the existing                                                                    
retirement system  and to the  current and  proposed boards.                                                                    
He  described  the  medical program  elements  of  the  HSTA                                                                    
version of SB  141. The HSTA Committee added  an Ad-hoc Post                                                                    
Retirement Pension  Adjustment, which  would occur  when the                                                                    
Fund is  solvent and the  "system can support it".  This was                                                                    
left at 110 percent: assets to liability.                                                                                       
                                                                                                                                
Changes to  the Board  structure were adopted,  which merged                                                                    
the  PERS, TRS  and ASPIB  (Alaska State  Pension Investment                                                                    
Board)  boards into  the  new  Alaska Retirement  Management                                                                    
Board (ARM). The makeup of the  board was changed to make it                                                                    
more  representative. The  HSTA version  increased the  PERS                                                                    
and TRS members  to two each. Representation  outside of the                                                                    
retirement  system was  reduced to  one. Four  members would                                                                    
represent the employer: commissioners  of the departments of                                                                    
Administration  and  Revenue,  a   finance  officer  from  a                                                                    
political  subdivision and  a finance  officer  of a  school                                                                    
district. He observed that he  would support an amendment to                                                                    
have the PERS and TRS members  picked by the Governor from a                                                                    
list nominated by the bargaining units.                                                                                         
                                                                                                                                
Terms would be staggered and  were changed from three to six                                                                    
years, to prevent a single  term governor from replacing the                                                                    
entire Board. The intent is to make it less political.                                                                          
                                                                                                                                
Representative  Seaton asserted  that the  primary duty  (90                                                                    
percent)  of the  current TRS  and  PERS boards  is to  hold                                                                    
hearings on disabilities. These  duties would be transferred                                                                    
to the Department of Administration hearing officer.                                                                            
                                                                                                                                
Representative  Seaton discussed  medical program  elements.                                                                    
He observed  that there was no  pre-retirement plan. Surveys                                                                    
of employees  and employers  identified medical  benefits as                                                                    
most critical.  The HSTA version  provides a plan  with 3.75                                                                    
percent of employee compensation for  TRS and 3.5 percent of                                                                    
employee  compensation for  PERS.  This would  be 60  months                                                                    
pre-Medicare  eligible  and  after  Medicare  eligible.  The                                                                    
subsidy base  would only  increase by 5  percent a  year, to                                                                    
prevent an unfunded liability.                                                                                                  
                                                                                                                                
Eligibility was changed and would  be based on the "Medicare                                                                    
eligible age"  instead of 65  yrs, in anticipation  that the                                                                    
federal  government would  change  the age  sometime in  the                                                                    
future. Service  would be  30 years.  A member's  spouse and                                                                    
dependents would be eligible if  they were dependents during                                                                    
the   member's  active   service.  This   would  allow   the                                                                    
department  to  determine  the liability  at  the  time  the                                                                    
person leaves employment.                                                                                                       
                                                                                                                                
Representative Seaton  referred to the  Health Reimbursement                                                                    
Arrangement  (HRA) and  the required  employee and  employer                                                                    
contributions, which was increased to 2 percent.                                                                                
                                                                                                                                
Each  person would  pay  a set  premium  for major  medical.                                                                    
Retirees would have to meet  the required amount of service.                                                                    
Pre and  post Medicare eligible retires  would pay different                                                                    
premium amounts.                                                                                                                
                                                                                                                                
Representative  Seaton   discussed  the  formula   for  post                                                                    
Medicare eligibility. The subsidy  base continued on through                                                                    
post-Medicare  eligibility. He  observed  that an  amendment                                                                    
might be offered to change this.                                                                                                
                                                                                                                                
2:39:44 PM                                                                                                                    
                                                                                                                                
Representative Seaton noted that there  was also a change to                                                                    
the employer dollar amount for  the HRA. Individual accounts                                                                    
are  maintained upon  termination of  employment. Under  the                                                                    
previous version,  benefits would have been  lost after five                                                                    
years.  He noted  that the  intent  would be  to retain  the                                                                    
benefits,  which   the  were  paid  into,   upon  return  to                                                                    
employment.   This  would   be  in   line  with   a  defined                                                                    
contribution  account, which  would follow  with the  person                                                                    
and  be accessible  upon  retirement age  and  ten years  of                                                                    
vesting.  The required  employer contribution  would be  4.5                                                                    
percent;  the total  contribution would  be 12  percent. The                                                                    
employee would  pay 8 percent. Optional  contributions would                                                                    
be allowed,  but would  not be  matched. Rollovers  would be                                                                    
the same. There  would not be any vesting  in the employer's                                                                    
portion of the contribution in  the first year, but it would                                                                    
increase  by  25  percent  a  year.  After  three  years  an                                                                    
employee would take  his contribution and 50  percent of the                                                                    
employer's  contribution.  After  five  years  the  employee                                                                    
would get the full amount  of the employer's contribution in                                                                    
addition to his own.                                                                                                            
                                                                                                                                
2:42:04 PM                                                                                                                    
                                                                                                                                
Representative  Seaton referred  to investment  accounts and                                                                    
observed  that that  there would  be a  range of  investment                                                                    
options. Participants would direct  the investment into fund                                                                    
accounts,  but would  not be  able to  invest in  individual                                                                    
stocks, similar  to SBS.  Employees would  be able  to elect                                                                    
distribution  of accounts  upon  termination of  employment,                                                                    
after  60 days,  subject to  federal regulations.  The Board                                                                    
would set the "normal cost rate".                                                                                               
Representative  Seaton   noted  that   conditional  service,                                                                    
retirement benefit,  and credit  service was changed  to 120                                                                    
days for legislative employees.                                                                                                 
                                                                                                                                
Representative Seaton referred to  the fiscal note. The PERS                                                                    
and TRS  liability would be  paid for two years  through the                                                                    
plan.                                                                                                                           
                                                                                                                                
Representative Seaton  discussed the option to  convert from                                                                    
the defined  benefit (DB) to  the defined  contribution plan                                                                    
(DC).  An unvested  TRS and  PERS  member would  be able  to                                                                    
convert their DB plan into a DC plan.                                                                                           
                                                                                                                                
A mechanism  was included for political  subdivisions, which                                                                    
do not currently have a PERS system, to join the DC plan.                                                                       
                                                                                                                                
2:45:22 PM                                                                                                                    
                                                                                                                                
Representative Joule inquired about  the boards and asked if                                                                    
discussion  occurred regarding  approval by  the legislature                                                                    
of  the membership.  Representative  Seaton  noted that  the                                                                    
HSTA  Committee   did  not  go  into   confirmation  by  the                                                                    
legislature.                                                                                                                    
                                                                                                                                
2:46:55 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer observed  that a  work group  was set  up to                                                                    
find areas  of common  grounds between the  various versions                                                                    
of SB  141. He asked  Representative Kelly, the  chairman of                                                                    
the group, for a report.                                                                                                        
                                                                                                                                
2:47:52 PM                                                                                                                    
                                                                                                                                
Representative Kelly reported that  the working group worked                                                                    
out  the  differences  between  the  HSTA  version  and  the                                                                    
proposed House  Finance Committee substitute, version  C. He                                                                    
referred  to a  handout,  "SB 141  Bill Version  Comparison"                                                                    
(copy on file.)                                                                                                                 
                                                                                                                                
2:50:42 PM                                                                                                                    
                                                                                                                                
Representative Kelly  referred to  item #17,  board members.                                                                    
He noted  that the working  group generally agreed  that the                                                                    
PERS and TRS system would  be represented by two members per                                                                    
system,  which would  be selected  by the  governor, from  a                                                                    
list nominated by the bargaining.                                                                                               
                                                                                                                                
Representative Kelly  spoke of  item #18. The  working group                                                                    
agreed to  keep the requirement for  permanent fund dividend                                                                    
eligibility. The intent  is to assure that  the board member                                                                    
be an  Alaskan. There  was no  change to  item #19  from the                                                                    
HSTA version.  The working group approved  language proposed                                                                    
in version C,  for items 20 and 22. He  noted that there was                                                                    
no time to create a new committee substitute.                                                                                   
                                                                                                                                
2:54:10 PM                                                                                                                    
                                                                                                                                
Representative Kelly  commented that after  discussions with                                                                    
Representatives Meyer  and Seaton, the decision  was made to                                                                    
bring forth the amendments that found consensus.                                                                                
                                                                                                                                
2:55:21 PM                                                                                                                    
                                                                                                                                
Representative  Croft,  working  group member,  referred  to                                                                    
item 18. He noted that  there was some discussion on whether                                                                    
a member would have to be active or vested in the system.                                                                       
                                                                                                                                
2:56:24 PM                                                                                                                    
                                                                                                                                
Representative  Seaton, who  also participated  in the  work                                                                    
group,  related  that  a problem  with  the  permanent  fund                                                                    
dividend  qualification  requirement  could occur  if  there                                                                    
were three public members that  had not been involved in the                                                                    
system.  He  did  think  it  would pose  a  problem  as  the                                                                    
presented.                                                                                                                      
Representative  Croft  referred to  page  47,  HCS CSSB  141                                                                    
(STA).  He  concluded  that  employees   are  likely  to  be                                                                    
PERS/TRS   members.   The   commissioners  would   also   be                                                                    
participants. He concluded that it would not be a problem.                                                                      
                                                                                                                                
2:58:41 PM                                                                                                                    
                                                                                                                                
Representative   Kelly  stated   that  the   theme  of   the                                                                    
amendments  would  be  eliminating  increases  for  existing                                                                    
employer  contributions,  addressing death  and  disability,                                                                    
early retirement opportunities, and health care provisions.                                                                     
                                                                                                                                
2:59:55 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to adopt Amendment 1:                                                                                
                                                                                                                                
     Page 47, line 11                                                                                                           
     Delete "three"                                                                                                             
     Insert "seven"                                                                                                             
                                                                                                                                
     Page 47, lines 24-31                                                                                                       
     Page 48, lines 1-5                                                                                                         
     Delete all material                                                                                                        
     Insert                                                                                                                     
                                                                                                                                
          (3) two trustees shall be a member of the public                                                                      
     employees' retirement system who shall be selected                                                                         
     form a list of nominees submitted by public employees'                                                                     
     retirement system bargaining units;                                                                                        
                                                                                                                                
          (4) two trustees shall be a member of the                                                                             
     teachers' retirement system who shall be selected from                                                                     
     a list of nominees submitted by teachers' retirement                                                                       
     system bargaining units.                                                                                                   
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
3:00:40 PM                                                                                                                    
                                                                                                                                
Representative  Seaton observed  that the  amendment reduces                                                                    
the public membership to one  and increases the PERS and TRS                                                                    
membership to two eaach.                                                                                                        
                                                                                                                                
Representative  Croft  noted  a technical  change  to  amend                                                                    
Amendment 1:                                                                                                                    
                                                                                                                                
     Add "four" after "of" in lines 10 and 13.                                                                                  
                                                                                                                                
Representative   Kelly   OBJECTED   for   the   purpose   of                                                                    
discussion.                                                                                                                     
                                                                                                                                
Representative Seaton explained due  to the staggered terms,                                                                    
both of the members would not be replaced at the same time.                                                                     
                                                                                                                                
Representative Croft agreed MOVED  to AMEND his amendment to                                                                    
Amendment  1:  change  "four" to  "three".  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
3:03:04 PM                                                                                                                    
                                                                                                                                
Representative   Weyhrauch   observed   that   it   is   the                                                                    
responsibility of  the bargaining unit to  make sure members                                                                    
as qualified as possible.                                                                                                       
                                                                                                                                
Representative   Kelly  WITHDREW   his   objection  to   the                                                                    
amendment to Amendment 1. There  being no further objection,                                                                    
the amendment (a) to Amendment 1 was adopted.                                                                                   
                                                                                                                                
3:03:53 PM                                                                                                                    
                                                                                                                                
Representative  Croft  restated  the  amendment  change.  He                                                                    
MOVED amendment (b) to Amendment 1:                                                                                             
                                                                                                                                
     Add the words "All trustees shall be subject to the                                                                        
     legislature."                                                                                                              
                                                                                                                                
Representative Croft  observed that  the legislature  is the                                                                    
ultimate  appropriating body.  The financial  responsibility                                                                    
lies with the state. He  acknowledged that most nominees are                                                                    
confirmed,  but  felt that  there  should  be a  legislative                                                                    
check.                                                                                                                          
                                                                                                                                
Representative  Kelly  clarified  that  the  permanent  fund                                                                    
board  is not  confirmed by  the legislature.  He maintained                                                                    
his OBJECTION  to amendment  (b) to  Amendment 1.  He opined                                                                    
there might be enough protection.                                                                                               
                                                                                                                                
Representative  Kelly  noted  that   the  intent  is  to  be                                                                    
consistent with the Permanent Fund Board.                                                                                       
                                                                                                                                
3:07:12 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch  observed that some of  the members                                                                    
of   the  Permanent   Fund  Board   are  confirmed   by  the                                                                    
legislature.  The   attorney  general  and   commissions  of                                                                    
revenue are confirmed by the legislature.                                                                                       
                                                                                                                                
Representative   Kelly  felt   that  there   was  sufficient                                                                    
oversight.                                                                                                                      
                                                                                                                                
3:08:31 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  asked how  the Bradner  Decision affects                                                                    
legislative confirmation.                                                                                                       
                                                                                                                                
3:09:27 PM                                                                                                                    
                                                                                                                                
VIRGINIA  RAGLE, ASSISTANT  ATTORNEY GENERAL,  DEPARTMENT OF                                                                    
LAW, observed  that the board  would not  be the head  of an                                                                    
agency  or  a  quasi-judicial  board,  which  would  require                                                                    
confirmation.                                                                                                                   
                                                                                                                                
Representative  Croft  asked  if  the  TRS/PERS  boards  are                                                                    
confirmed. Ms. Regal clarified that  the TRS/PERS boards are                                                                    
not confirmed.  She understood  that the  legislature cannot                                                                    
require  confirmation  of  just anyone.  There  are  certain                                                                    
prescribed, descriptive terms that  the Constitution uses to                                                                    
determine when confirmation is appropriate.                                                                                     
                                                                                                                                
Representative Croft withdrew amendment (b) to Amendment 1.                                                                     
                                                                                                                                
3:11:41 PM                                                                                                                    
                                                                                                                                
Representative  Hawker   asked  if  there  is   a  technical                                                                    
correction  to  Amendment  1.  He  MOVED  amendment  (c)  to                                                                    
Amendment 1:                                                                                                                    
                                                                                                                                
     Replace (3) and (4) with (d) and (e).                                                                                      
                                                                                                                                
There being NO  OBJECTION, amendment (c) to  Amendment 1 was                                                                    
adopted.                                                                                                                        
                                                                                                                                
3:14:02 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer WITHDREW his objection  to adopt Amendment 1.                                                                    
There being  no further objection, Amendment  1 was adopted,                                                                    
as amended.                                                                                                                     
                                                                                                                                
3:14:11 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to adopt Amendment 2:                                                                                
                                                                                                                                
     Page 59, line 15                                                                                                           
     Delete "two"                                                                                                               
     Insert "2.5"                                                                                                               
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
Representative   Kelly  explained   that  the   2.5  percent                                                                    
contribution represents  the middle ground between  the HSTA                                                                    
and  the Senate  versions. {The  amendment would  substitute                                                                    
2.5 for 3.75 as the  employers contribution to the employees                                                                    
major medical insurance.]                                                                                                       
                                                                                                                                
3:15:22 PM                                                                                                                    
                                                                                                                                
Representative Seaton  observed that  the total  health care                                                                    
cost was decreased due to cost constraints.                                                                                     
                                                                                                                                
In response  to a  question by Representative  Croft, Seaton                                                                    
clarified   that  the   amendment  refers   to  the   public                                                                    
employee's health reimbursement plan.                                                                                           
                                                                                                                                
3:17:50 PM                                                                                                                    
                                                                                                                                
Representative   Croft   observed   that  the   next   three                                                                    
amendments  offer different  percentages.  He stressed  that                                                                    
any percentage  adopted would be an  estimate and emphasized                                                                    
that if the guess were  wrong future employees would suffer.                                                                    
Under the current system the Board reevaluates yearly.                                                                          
                                                                                                                                
Co-Chair    Meyer   acknowledged    Representative   Croft's                                                                    
concerns, but pointed out that  the legislature can increase                                                                    
the amount in the future.                                                                                                       
                                                                                                                                
3:20:24 PM                                                                                                                    
                                                                                                                                
Representative Kelly  stressed that  the amount is  a policy                                                                    
call.                                                                                                                           
                                                                                                                                
3:21:29 PM                                                                                                                    
                                                                                                                                
Representative  Hawker expressed  similar concerns  to those                                                                    
expressed  by  Representative   Croft.  He  questioned  what                                                                    
evidence there is  that 2.5 would meet the  medical needs of                                                                    
retirees.                                                                                                                       
                                                                                                                                
3:22:20 PM                                                                                                                    
                                                                                                                                
Representative  Seaton  responded  that there  are  numerous                                                                    
tables to  show the effect  of different funding  levels. He                                                                    
acknowledged that the House State  Affairs Committee did not                                                                    
feel that  two percent was sufficient,  without pre-Medicare                                                                    
eligible  health  care.  Their  analysis  demonstrated  that                                                                    
there would not be sufficient  funding to provide for health                                                                    
care during the pre-Medicare  eligible period. He noted that                                                                    
it  would take  3 percent  to  cover the  need without  pre-                                                                    
Medicare  eligibility.  He   recounted  testimony  that  2.5                                                                    
percent would be "medically very  rich" and would adequately                                                                    
fund the  premium base  for early  retirement. He  felt that                                                                    
the result would be a good medical plan.                                                                                        
                                                                                                                                
3:25:34 PM                                                                                                                    
                                                                                                                                
Representative  Hawker   summarized  that  2.5   percent  is                                                                    
adequate to  provide the necessary  benefits. Representative                                                                    
Seaton responded that 2.5  HRA with pre-Medicare eligibility                                                                    
would provide excellent medical coverage for retirees.                                                                          
                                                                                                                                
3:26:40 PM                                                                                                                    
                                                                                                                                
Representative Croft  asked what  would happen if  they were                                                                    
wrong.  He observed  that if  they were  wrong the  employee                                                                    
would be  considerably under saved.  The employee  faces the                                                                    
consequences.                                                                                                                   
                                                                                                                                
Representative Kelly noted that  the percentage could always                                                                    
be  increased, but  emphasized the  need to  be conservative                                                                    
since the amount cannot be reduced.                                                                                             
                                                                                                                                
3:30:22 PM                                                                                                                    
                                                                                                                                
Representative Hawker pointed out  that the reason the issue                                                                    
is before the  state of Alaska is that  the experts recently                                                                    
erred  in  judging   medical  costs.  Representative  Seaton                                                                    
responded that  the pre-60 medical  plan has a  subsidy base                                                                    
and cost  containment with an  escalation of five  percent a                                                                    
year.  He acknowledged  that if  inflation is  seven percent                                                                    
that there would be some cost sharing.                                                                                          
                                                                                                                                
Representative Croft asked how a  number could be chosen for                                                                    
medical costs.  Representative Seaton acknowledged  that the                                                                    
design  is  a  defined   medical  contribution  plan,  which                                                                    
constrains the  subsidy base. The  subsidy base would  go up                                                                    
to $47,000  a year in  30 years. The  cost to the  system is                                                                    
built  in. He  acknowledged that  projections can  be wrong.                                                                    
Representative  Croft  summarized   that  if  medical  costs                                                                    
increase  beyond  5  percent that  employees  would  have  a                                                                    
shortfall. Representative  Seaton agreed  and added  that it                                                                    
is important to have a large nest egg.                                                                                          
                                                                                                                                
3:33:57 PM                                                                                                                    
                                                                                                                                
Representative  Croft MOVED  to amend  Amendment 2:  replace                                                                    
"3" with "2.5".                                                                                                                 
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
In  response  to  a question  by  Representative  Weyhrauch,                                                                    
Representative  Seaton  clarified  that the  total  employer                                                                    
contribution would be 10 percent.                                                                                               
                                                                                                                                
3:36:37 PM                                                                                                                    
                                                                                                                                
At ease.                                                                                                                        
                                                                                                                                
3:38:08 PM                                                                                                                    
                                                                                                                                
Representative   Weyhrauch   restated   the   amendment   to                                                                    
Amendment 2.                                                                                                                    
                                                                                                                                
3:39:58 PM                                                                                                                    
                                                                                                                                
At ease.                                                                                                                        
                                                                                                                                
3:40:44 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken  on the  motion  to ADOPT  the                                                                    
amendment to Amendment 2.                                                                                                       
                                                                                                                                
IN FAVOR: Croft, Hawker, Joule, Moses, Weyhrauch                                                                                
OPPOSED: Foster, Holm, Kelly, Stoltz, Chenault, Meyer                                                                           
                                                                                                                                
The MOTION FAILED (5-6).                                                                                                        
                                                                                                                                
Co-Chair  Meyer  WITHDREW his  objection  to  the motion  to                                                                    
adopt    Amendment 2. There being NO  OBJECTION, Amendment 2                                                                    
was adopted.                                                                                                                    
                                                                                                                                
3:42:55 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to adopt Amendment 3:                                                                                
                                                                                                                                
     Page 16, line 10                                                                                                           
     Delete "4.5"                                                                                                               
     Insert "5"                                                                                                                 
                                                                                                                                
     Page 83, line 20                                                                                                           
     Delete "4.5"                                                                                                               
     Insert "5"                                                                                                                 
                                                                                                                                
Co-Chair  Meyer  OBJECTED.  Representative  Kelly  explained                                                                    
that  the  additional  half   percent  reflects  the  medium                                                                    
approach to assure sufficient funds.                                                                                            
                                                                                                                                
3:43:57 PM                                                                                                                    
                                                                                                                                
Representative  Croft   questioned  if  there   is  evidence                                                                    
indicating that the funding level is appropriate.                                                                               
                                                                                                                                
3:44:38 PM                                                                                                                    
                                                                                                                                
Representative   Kelly  referred   to  tables   provided  by                                                                    
Representative  Seaton  and  maintained that  the  amendment                                                                    
represents  a generous  contribution level.  He noted  that,                                                                    
per the Constitution, the rate cannot be reduced.                                                                               
                                                                                                                                
3:46:36 PM                                                                                                                    
                                                                                                                                
Representative Croft  summarized that current  employees can                                                                    
not have their  level dropped; it would require  a new tier.                                                                    
Representative Kelly  observed that current  employees would                                                                    
not be affected.                                                                                                                
                                                                                                                                
Representative Seaton  added that  10.9 to  11.1 is  the 24-                                                                    
year average employer contribution.                                                                                             
                                                                                                                                
3:49:12 PM                                                                                                                    
                                                                                                                                
There being NO OBJECTION, Amendment 3 was adopted.                                                                              
                                                                                                                                
An at-ease was taken.                                                                                                           
                                                                                                                                
4:02:33 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 4 (New):                                                                          
                                                                                                                                
     Page 16, line 12:                                                                                                          
     Delete "3.75"                                                                                                              
     Insert "2.5"                                                                                                               
                                                                                                                                
     Page 27, line 27:                                                                                                          
     Delete "(j) and (k)"                                                                                                       
     Insert "(j), (k), and (n)"                                                                                                 
                                                                                                                                
     Page 28, lines 7 - 8:                                                                                                      
     Delete "will use the subsidy base for Medicare-                                                                            
     eligible premiums"                                                                                                         
     Insert "are eligible for benefits as provided in (n)                                                                       
     of this section"                                                                                                           
                                                                                                                                
     Page 28, line 8:                                                                                                           
     Delete "will"                                                                                                              
     Insert "shall"                                                                                                             
                                                                                                                                
    Page 28, line 10, following "(m)", through line 11:                                                                         
     Delete all material.                                                                                                       
                                                                                                                                
     Page 28, line 12:                                                                                                          
     Delete "the subsidy"                                                                                                       
     Insert "The subsidy"                                                                                                       
     Delete "will be"                                                                                                           
     Insert "shall be"                                                                                                          
                                                                                                                                
     Page 28, line 14:                                                                                                          
     Delete "Each"                                                                                                              
     Insert "The"                                                                                                               
     Delete "will"                                                                                                              
     Insert "shall"                                                                                                             
                                                                                                                                
     Page 28, following line 15:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(n)  The cost of premiums for a participant who                                                                      
     is eligible for Medicare is the following percentage                                                                       
     of the premium amount:                                                                                                     
               (1)  30 percent if the member has 10 or                                                                          
     more, but less than 15 years of service;                                                                                   
               (2)  25 percent if the member has 15 or                                                                          
     more, but less than 20 years of service;                                                                                   
               (3)  20 percent if the member has 20 or                                                                          
     more, but less than 25 years of service;                                                                                   
               (4)  10 percent if the member has 30 or more                                                                     
     years of service."                                                                                                         
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
SUZANNE  CUNNINGHAM, STAFF,  CO-CHAIR  MEYER, discussed  the                                                                    
amendment. Legislative Legal  Services drafted New Amendment                                                                    
4 in keeping with the  intent of Amendment 4, which pertains                                                                    
to the  cost of premiums  for participants who  are eligible                                                                    
for Medicare.  She reviewed the percentage  based on service                                                                    
(see above).                                                                                                                    
                                                                                                                                
4:04:26 PM.                                                                                                                   
                                                                                                                                
Co-Chair  Chenault  observed  that  the  amendment  did  not                                                                    
address 20 to 25 years of service.                                                                                              
                                                                                                                                
Co-Chair Chenault MOVED to AMEND  Amendment 4 by changing 25                                                                    
years  to 30  on page  2,  line 17:  (3) 20  percent if  the                                                                    
member has 20 or more, but less than 30 years of service.                                                                       
                                                                                                                                
4:05:51 PM                                                                                                                    
                                                                                                                                
Representative Croft  asked if  the percentage  schedule was                                                                    
the  same as  the Senate  version. Representative  Weyhrauch                                                                    
questioned the status of medial  benefits for those that are                                                                    
pre-Medicare eligibility.                                                                                                       
                                                                                                                                
4:06:33 PM                                                                                                                    
                                                                                                                                
In  response to  questions, Representative  Seaton explained                                                                    
that the  House State Affairs  version added 60  months pre-                                                                    
Medicare  eligibility and  retained the  same post  Medicare                                                                    
system.  The House  State Affairs  pre-Medicare version  was                                                                    
combined  with the  post Medicare  Senate version.  The pre-                                                                    
Medicare  program  is subsidy  based,  which  pays 30     90                                                                    
percent of  the premium depending  on years of  service. The                                                                    
system changes with Medicare eligibility.                                                                                       
                                                                                                                                
Representative  Croft summarized  that  the  amendment is  a                                                                    
hybrid of the two  approaches. Representative Seaton agreed.                                                                    
The  HSTA version  adds  pre-Medicare  eligibility and  cost                                                                    
containment.  There  is also  a  Medicare  subsidy from  the                                                                    
federal government.  The cost difference of  the 2.5 percent                                                                    
is 1  percent for  pre-Medicare and  1.5 for  post Medicare.                                                                    
The  post  Medicare  premiums are  smaller  because  of  the                                                                    
federal subsidy, but the system pays a higher percentage.                                                                       
                                                                                                                                
4:10:17 PM                                                                                                                    
                                                                                                                                
Representative  Croft   stressed  that  there  will   be  no                                                                    
governmental obligation  if the medical costs  estimates are                                                                    
wrong. He did not think the percentage should be lowered.                                                                       
                                                                                                                                
Representative Seaton clarified that  the payment would be a                                                                    
guaranteed benefit  that the state  of Alaska  would provide                                                                    
to the employee.                                                                                                                
                                                                                                                                
4:11:56 PM                                                                                                                    
                                                                                                                                
In  response  to  a question  by  Representative  Weyhrauch,                                                                    
Representative  Seaton clarified  that  the original  Senate                                                                    
version contained 3.75 percent, with cost containments.                                                                         
                                                                                                                                
4:13:22 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch  MOVED  to AMEND  Amendment  4  to                                                                    
delete on page  one, lines 1   3. There  being NO OBJECTION,                                                                    
it was  so ordered.  [The amendment  to the  amendment would                                                                    
result in the retention of 3.75 percent.]                                                                                       
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Representative  Kelly  MOVED   to  RESCIND  the  Committee's                                                                    
action  in   adopting  the   amendment  to   the  amendment.                                                                    
Representative Croft OBJECTED.                                                                                                  
                                                                                                                                
A roll call vote was taken on the motion to rescind.                                                                            
                                                                                                                                
IN FAVOR: Holm, Kelly, Stoltze, Foster, Hainault, Meyer                                                                         
OPPOSED: Hawker, Joule, Moses, Weyhrauch, Croft                                                                                 
                                                                                                                                
The MOTION PASSED (6-5).                                                                                                        
                                                                                                                                
A  roll call  vote  was  taken on  the  motion  to amend  by                                                                    
deleting lines 1  3 on page 1.                                                                                                  
                                                                                                                                
IN FAVOR: Hawker, Joule, Moses, Weyhrauch, Croft                                                                                
                                                                                                                                
OPPOSED: Holm, Kelly, Stoltze, Foster, Chenault, Meyer                                                                          
                                                                                                                                
The MOTION FAILED (5-6).                                                                                                        
                                                                                                                                
4:20:01 PM                                                                                                                    
                                                                                                                                
Representative  Croft spoke  against  the  reduction to  2.5                                                                    
percent.  He emphasized  the inability  to accurate  predict                                                                    
medical costs over the next 30  40 years.                                                                                       
                                                                                                                                
Representative Kelly stressed that  there is some sharing of                                                                    
the risk,  but the legislature is  doing the best it  can to                                                                    
assure that future plans can be maintained.                                                                                     
                                                                                                                                
4:23:04 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken  on the MOTION to ADOPT Amendment                                                                    
4, as amended.                                                                                                                  
                                                                                                                                
IN FAVOR: Kelly, Stoltze,  Weyhrauch, Foster,  Hawker, Holm,                                                                    
          Chenault, Meyer                                                                                                       
                                                                                                                                
OPPOSED: Joule, Moses, Croft                                                                                                    
                                                                                                                                
The MOTION PASSED (8-3).                                                                                                        
                                                                                                                                
4:23:34 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT (New) Amendment 5:                                                                          
                                                                                                                                
     Page 83, line 22:                                                                                                          
     Delete "3.5"                                                                                                               
     Insert "2.5"                                                                                                               
                                                                                                                                
     Page 93, line 19, following "the member has":                                                                              
     Delete all material and insert "at least 25 years of                                                                       
     service as a peace officer or fire fighter or at least                                                                     
     30 years of service for all other employees; or"                                                                           
                                                                                                                                
     Page 94, lines 4, following "a member with at least":                                                                      
     Delete "30 years of service"                                                                                               
     Insert "25 years of service as a peace officer or fire                                                                     
     fighter or at least 30 years of service for all other                                                                      
     employees"                                                                                                                 
                                                                                                                                
     Page 95, line 6:                                                                                                           
     Delete "(j) and (k)"                                                                                                       
     Insert "(j), (k), and (n)"                                                                                                 
                                                                                                                                
     Page 95, lines 17 - 18:                                                                                                    
     Delete "will use the subsidy base for Medicare-                                                                            
     eligible premiums"                                                                                                         
     Insert "are eligible for benefits as provided in (n)                                                                       
     of this section"                                                                                                           
                                                                                                                                
     Page 95, line 18:                                                                                                          
     Delete "will"                                                                                                              
     Insert "shall"                                                                                                             
                                                                                                                                
     Page 95, line 20 following "(m)" through line 21:                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
     Page 95, line 22:                                                                                                          
     Delete "the subsidy"                                                                                                       
     Insert "The subsidy"                                                                                                       
     Delete "will be"                                                                                                           
     Insert "shall be"                                                                                                          
                                                                                                                                
     Page 95, line 24:                                                                                                          
     Delete "Each"                                                                                                              
     Insert "The"                                                                                                               
     Delete "will"                                                                                                              
     Insert "shall"                                                                                                             
                                                                                                                                
     Page 95, following line 25:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(n)  The cost of premiums for a participant who                                                                      
     is eligible for Medicare is the following percentage                                                                       
     of the premium amount:                                                                                                     
               (1)  30 percent if the member has 10 or                                                                          
     more, but less than 15 years of service;                                                                                   
               (1)  25 percent if the member has 15 or                                                                          
     more, but less than 20 years of service;                                                                                   
               (1) 20 percent if the member has 20 or more,                                                                     
     but less than 25 years of service;                                                                                         
               (1)  10 percent if the member has 30 or more                                                                     
     years of service.                                                                                                          
                                                                                                                                
     Reletter the following subsections accordingly                                                                             
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
Representative   Seaton   explained   that   the   amendment                                                                    
reinstates the 25-year of service for police officers.                                                                          
                                                                                                                                
Representative Weyhrauch MOVED to ADOPT an amendment to                                                                         
Amendment 5: Change 25 to 30 on page 2, line 26                                                                                 
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Representative Weyhrauch MOVED to ADOPT an amendment to                                                                         
Amendment 5:                                                                                                                    
                                                                                                                                
     Delete lines 1  3 on page 1.                                                                                               
                                                                                                                                
Representative Kelly OBJECTED.                                                                                                  
                                                                                                                                
A roll call vote was taken.                                                                                                     
                                                                                                                                
IN FAVOR: Weyhrauch, Croft, Hawker, Joule,                                                                                      
OPPOSED: Kelly, Moses, Stoltze, Foster, Holm, Meyer,                                                                            
          Chenault                                                                                                              
                                                                                                                                
The MOTION FAILED (4-7).                                                                                                        
                                                                                                                                
4:27:15 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 6:                                                                                
                                                                                                                                
     Page 50, line 6                                                                                                            
     Insert new paragraph                                                                                                       
     (8) review  annually the status  of the  retiree health                                                                    
     insurance fund  established for members of  the defined                                                                    
     contribution plans under  AS 14.25.310-14.25.590 and AS                                                                    
     39.35.700-39.35.990  to ensure  the  medical cost  rate                                                                    
     established for employers under  AS 14.25.350(b) and AS                                                                    
     39.35.750(b)   is   sufficient   to  fully   fund   the                                                                    
     employers' required  share of the  premiums established                                                                    
     for  the  retiree  major medical  insurance  plan;  the                                                                    
     board shall  notify the legislature immediately  if the                                                                    
     board determines  the rates established by  statute are                                                                    
     insufficient;                                                                                                              
                                                                                                                                
     Renumber the remaining paragraphs accordingly                                                                              
                                                                                                                                
Co-Chair  Meyer  OBJECTED. Representative  Seaton  explained                                                                    
that the  amendment would require  annual review of  the 2.5                                                                    
percent  [employer contribution]  to assure  that sufficient                                                                    
funds are collected to provide medical benefits.                                                                                
                                                                                                                                
Representative  Croft  questioned  if the  amendment  should                                                                    
state  that the  amount  is "sufficient  to provide  medical                                                                    
benefits". He did  not feel that the  amendment was specific                                                                    
enough. Representative  Seaton clarified that  the amendment                                                                    
would clarify that the legislature  would make sure that the                                                                    
employer contribution  of 2.5 is  enough to provide  for the                                                                    
guaranteed benefit for the plan.                                                                                                
                                                                                                                                
In   response   to   comments  by   Representative   Seaton,                                                                    
Representative Croft clarified that,  while he would like to                                                                    
change the entire  program to a defined benefit,  he was not                                                                    
attempting to do so in  Amendment 6. The question is: within                                                                    
the  context  of a  defined  contribution  plan, should  the                                                                    
legislature  periodically "get  a reality  check on  whether                                                                    
what we are providing as  benefit, in a defined contribution                                                                    
system, is sufficient for people to retire on."                                                                                 
                                                                                                                                
Representative Kelly  stressed that the  discussion concerns                                                                    
two different studies. One would  look to see if the funding                                                                    
level  is  adequate  for  premiums.  Representative  Croft's                                                                    
concerns would require the whole situation to be studied.                                                                       
                                                                                                                                
Representative Croft  MOVED to ADOPT a  conceptual amendment                                                                    
to  Amendment  6:  to  broaden  the  study  to  ask  if  the                                                                    
contribution rate  is enough to  pay the cap  subsidies that                                                                    
have  a  box  of  5  percent, and  whether  the  benefit  is                                                                    
sufficient  for   retirement.  He   pointed  out   that  the                                                                    
legislature would not have to act on the findings.                                                                              
                                                                                                                                
4:31:32 PM                                                                                                                    
                                                                                                                                
Representative  Kelly OBJECTED.  He noted  the amendment  is                                                                    
beyond the scope of the amendment.                                                                                              
                                                                                                                                
Representative Weyhrauch questioned if  the amendment to the                                                                    
amendment  should  be  a separate  amendment.  He  spoke  in                                                                    
support of  providing more  information to  the legislature,                                                                    
but felt that it should be its own amendment.                                                                                   
                                                                                                                                
Representative  Croft  spoke  in support  of  retaining  the                                                                    
amendment  to Amendment  6. He  maintained that  the current                                                                    
plan is a cost shifting not a risk sharing.                                                                                     
                                                                                                                                
4:35:07 PM                                                                                                                    
                                                                                                                                
Representative Kelly stressed that  there is still a problem                                                                    
at 5  percent. He disagreed  with the assessment  that there                                                                    
is no risk [to the state of Alaska.]                                                                                            
                                                                                                                                
4:36:33 PM                                                                                                                    
                                                                                                                                
Representative Croft  restated his amendment to  broaden the                                                                    
study to  include whether the  benefits paid  are sufficient                                                                    
for the  employees to fund  an adequate retirement  and meet                                                                    
their medical  expenses. A roll  call vote was taken  on the                                                                    
motion to adopt a conceptual amendment to Amendment 6.                                                                          
                                                                                                                                
IN FAVOR: Moses, Stoltze, Weyhrauch, Croft, Joule                                                                               
OPPOSED: Foster, Hawker, Holm, Kelly, Chenault, Meyers                                                                          
                                                                                                                                
The MOTION FAILED (5-6).                                                                                                        
                                                                                                                                
Representative Weyhrauch MOVED to  AMEND Amendment 6: add on                                                                    
line  9   "and  make  recommendations  on   rates  that  are                                                                    
sufficient". There being NO OBJECTION, it was so ordered.                                                                       
                                                                                                                                
There  being  NO  OBJECTION,  Amendment  6  as  amended  was                                                                    
adopted.                                                                                                                        
                                                                                                                                
4:38:43 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 7:                                                                                
                                                                                                                                
     Page 51, line 20                                                                                                           
     Delete "$150"                                                                                                              
     Insert "$400"                                                                                                              
                                                                                                                                
Representative  Kelly  observed  that  the  [board]  stipend                                                                    
amount  would be  the same  as  that of  the Permanent  Fund                                                                    
board members.                                                                                                                  
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
4:39:37 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch WITHDREW Amendment 8.                                                                                  
                                                                                                                                
Representative  Kelly  MOVED  to ADOPT  Amendment  9,  which                                                                    
provides  for an  employer  making  contributions towards  a                                                                    
retiree  major  medical   insurance.  Representative  Seaton                                                                    
explained   that   the   amendment   would   provide   extra                                                                    
contributions  for police/fire  death benefits.  He did  not                                                                    
have actuarial numbers on the  amendment, as the House State                                                                    
Affairs Committee did not consider the amendment.                                                                               
                                                                                                                                
4:41:06 PM                                                                                                                    
                                                                                                                                
Representative   Weyhrauch   suggested  the   amendment   be                                                                    
considered at a different time.                                                                                                 
                                                                                                                                
Representative Kelly  WITHDREW Amendment  9. There  being NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
4:42:04 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch WITHDREW  (New) Amendment 10. There                                                                    
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
4:42:36 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 11:                                                                               
                                                                                                                                
     Page 59, lines 24-27                                                                                                       
     Delete all material                                                                                                        
     Insert                                                                                                                     
     "If  a   person  who  has   not  met   the  eligibility                                                                    
     requirements of  AS 14.25.470  or AS  39.35.870 returns                                                                    
     to employment  with a participating employer  within 10                                                                    
     years  after  the  date of  termination,  the  person's                                                                    
     account  balance  shall  be   restored  in  the  amount                                                                    
     recorded  on the  date of  termination from  the trust,                                                                    
     with interest.                                                                                                             
                                                                                                                                
Co-Chair  Meyer  OBJECTED  for the  purpose  of  discussion.                                                                    
Representative  Seaton  explained  that Amendment  10  would                                                                    
make the HRA available for  persons that returned to service                                                                    
within 10-years. The Senate version had a five-year window.                                                                     
                                                                                                                                
Representative Kelly  WITHDREW Amendment 11. There  being NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
4:45:08 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 12:                                                                               
                                                                                                                                
     Page 27, lines 8-11                                                                                                        
     Delete all material                                                                                                        
                                                                                                                                
Co-Chair  Meyer  OBJECTED  for the  purpose  of  discussion.                                                                    
Representative  Seaton  explained  that Amendment  12  would                                                                    
eliminate some  of the unfunded liability.  The question is:                                                                    
Should the  system be responsible  for new dependents  of an                                                                    
employee? He observed that it is a policy call.                                                                                 
                                                                                                                                
4:47:49 PM                                                                                                                    
                                                                                                                                
Representative Croft  spoke in support of  the amendment. He                                                                    
suggested  that  people  have   the  right  to  have  second                                                                    
families  and   for  those  families  to   be  eligible  for                                                                    
benefits.  He  did not  think  that  individuals would  have                                                                    
families just to reap benefits.                                                                                                 
                                                                                                                                
Co-Chair   Meyer  acknowledged   the  attempt   to  minimize                                                                    
liability, but agreed with Representative Croft.                                                                                
                                                                                                                                
Vice-Chair  Meyer WITHDREW  his objection  to the  motion to                                                                    
adopt  Amendment 12.  There being  NO further  OBJECTION, it                                                                    
was so ordered.                                                                                                                 
                                                                                                                                
4:49:28 PM                                                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 13:                                                                               
                                                                                                                                
     Page 112, following line 7:                                                                                                
     Insert a new bill section to read:                                                                                         
     "* Sec. 143. The uncodified law of the State of Alaska                                                                   
     is amended by adding a new section to read:                                                                                
     CONDITIONAL RETROACTIVITY.  If secs.  1 -  9, 12,  15 -                                                                    
     18, 20  - 86, 93  - 104, 106  - 111,  and 113 -  130 of                                                                    
     this Act take  effect after July 1, 2005, secs.  1 - 9,                                                                    
     12, 15 -  18, 20 - 86, 93  - 104, 106 - 111,  and 113 -                                                                    
     130 of this Act are retroactive to July 1, 2005."                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 112, line 10:                                                                                                         
     Delete "Section 142 of this Act takes"                                                                                     
     Insert "Sections 142 and 143 of this Act take"                                                                             
                                                                                                                                
     Page 112, line 11:                                                                                                         
     Delete "secs. 143 and 144"                                                                                                 
     Insert "secs. 144 and 145"                                                                                                 
                                                                                                                                
Co-Chair Meyer OBJECTED for the purpose of discussion.                                                                          
Representative Weyhrauch explained  that the amendment would                                                                    
provide a technical correction suggested by the drafters.                                                                       
                                                                                                                                
There being NO further OBJECTION, it was so ordered.                                                                            
                                                                                                                                
Representative   Weyhrauch   MOVED   to   ADOPT   Conceptual                                                                    
Amendment 14:                                                                                                                   
                                                                                                                                
     For  any employee  hired after  the  effective date  of                                                                    
     this act,  who is killed  or disabled in the  course of                                                                    
     their  employment,  the  provisions  of  AS  14.25.157,                                                                    
     160,162,  or 39.35.410,  415,420,430, and  440 as  they                                                                    
     existed before  the effective date  of this  act, shall                                                                    
     apply.                                                                                                                     
                                                                                                                                
Co-Chair Meyer OBJECTED for the purpose of discussion.                                                                          
                                                                                                                                
4:50:58 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch  explained that  individuals killed                                                                    
in the  line of duty,  principally fire and  police officers                                                                    
are negatively  affected by the  legislation. The  intent of                                                                    
the  amendment  would  be  to  retain  Tier  III  disability                                                                    
benefits for  the heirs and  descendents of  employees hired                                                                    
after the  effective date and  killed while  affecting their                                                                    
employment.                                                                                                                     
                                                                                                                                
Vice-Chair Stoltze spoke in support of the amendment.                                                                           
                                                                                                                                
Co-Chair Meyer WITHDREW  his OBJECTION. Representative Kelly                                                                    
OBJECTED  for   the  purpose   of  further   discussion.  He                                                                    
requested additional information.                                                                                               
                                                                                                                                
4:54:12 PM                                                                                                                    
                                                                                                                                
Representative Seaton  noted that the federal  Public Safety                                                                    
Officers   Benefit  program   provides   $267,494  for   any                                                                    
emergency or  public safety  officer killed  in the  line of                                                                    
duty, or officers that are terminally and totally disabled.                                                                     
                                                                                                                                
In  response  to a  question  by  Representative Kelly,  Ms.                                                                    
Millhorn clarified that individuals  killed on the job would                                                                    
have death benefits under the  existing PERS statute. A lump                                                                    
sump payment would be paid  to their beneficiary if there is                                                                    
no  spouse; if  they have  a  spouse the  benefits would  be                                                                    
available under existing statute.                                                                                               
                                                                                                                                
4:57:50 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer spoke in support of the amendment.                                                                               
                                                                                                                                
In  response  to a  question  by  Representative Kelly,  Ms.                                                                    
Millhorn did not know the relative cost [of the amendment].                                                                     
                                                                                                                                
Ms.  Millhorn observed  that there  are currently  31,000 in                                                                    
the  PERS  system.  She  added  that  2,705  are  police  or                                                                    
firefighters.  Over the  last five  years,  there have  been                                                                    
approximately  six  death  benefits  paid by  the  state  of                                                                    
Alaska  due to  occupational death.  There have  been 13  in                                                                    
PERS for all other deaths.                                                                                                      
                                                                                                                                
5:01:04 PM                                                                                                                    
                                                                                                                                
Representative  Croft spoke  in  support  of the  amendment,                                                                    
which would pay 40 percent of  base salary out over the life                                                                    
of the  remaining spouse.  It is preferable  to a  lump sum,                                                                    
which could be  too much or too little. The  amount would be                                                                    
measured by the need of the beneficiary.                                                                                        
                                                                                                                                
5:02:26 PM                                                                                                                    
                                                                                                                                
Representative Kelly questioned if  the amendment would risk                                                                    
changing the nature of the plan.                                                                                                
                                                                                                                                
Ms.  Millhorn responded  that a  different  kind of  benefit                                                                    
would  be  created, which  would  reach  back and  create  a                                                                    
defined  benefit  contribution.  She referred  to  plans  by                                                                    
other  states where  disability  benefits  were the  account                                                                    
balance.                                                                                                                        
                                                                                                                                
5:04:20 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer reiterated  his  question as  to whether  it                                                                    
would create a problem.                                                                                                         
                                                                                                                                
Representative Kelly  asked that  the amendment be  held for                                                                    
further consideration.                                                                                                          
                                                                                                                                
Representative  Croft  questioned  the funding  source.  Ms.                                                                    
Millhorn noted that the money  would come out of the medical                                                                    
contribution.  Under  the  defined   benefit  plan  all  the                                                                    
provisions  are  in  the  evaluation and  paid  for  by  the                                                                    
employer and  the employee. Representative Croft  agreed and                                                                    
asked what  would happen  under the  new plan.  Ms. Millhorn                                                                    
noted that  the new  plan would most  likely fall  under the                                                                    
medical component.  Representative Croft did not  see how it                                                                    
would fall under the employees or the unfunded liability.                                                                       
                                                                                                                                
5:08:40 PM                                                                                                                    
                                                                                                                                
Representative Kelly  noted that a previous  amendment would                                                                    
pay for the plan.                                                                                                               
                                                                                                                                
Representative Weyhrauch WITHDREW  Amendment 14. There being                                                                    
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
Representative Weyhrauch WITHDREW  Amendment 15. There being                                                                    
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
5:10:05 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch MOVED to ADOPT Amendment 16:                                                                           
                                                                                                                                
     Page 11, line 4:                                                                                                           
     Delete "110"                                                                                                           
     Insert "105"                                                                                                           
                                                                                                                                
     Page 11, line 14:                                                                                                          
     Delete "110"                                                                                                           
     Insert "105"                                                                                                           
                                                                                                                                
     Page 78, line 1:                                                                                                           
     Delete "110"                                                                                                           
     Insert "105"                                                                                                           
                                                                                                                                
Co-Chair  Meyer  OBJECTED  for the  purpose  of  discussion.                                                                    
Representative Weyhrauch explained  that the amendment would                                                                    
provide for  a cost of  living adjustment from  105 percent.                                                                    
He felt that the amendment would allow more latitude.                                                                           
                                                                                                                                
Representative Seaton did not object to the amendment.                                                                          
                                                                                                                                
Co-Chair  Meyer WITHDREW  his OBJECTION  to adopt  Amendment                                                                    
16. There being NO further OBJECTION, it was so ordered.                                                                        
                                                                                                                                
5:12:26 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch MOVED to adopt Amendment 17:                                                                           
                                                                                                                                
     Page 18, line 20, following "accounts.", through page                                                                    
     19, line 13:                                                                                                               
     Delete all material.                                                                                                       
     Insert "The board shall invest the assets of the                                                                           
     individual accounts under AS 37.10.210."                                                                                   
                                                                                                                                
     Page 49, lines 15 - 16:                                                                                                    
     Delete all material.                                                                                                       
                                                                                                                                
     Reletter the following subparagraphs accordingly.                                                                          
                                                                                                                                
     Page 49, line 18, following "Plan);":                                                                                      
     Insert "and"                                                                                                               
                                                                                                                                
     Page 49, lines 19 - 20:                                                                                                    
     Delete all material.                                                                                                       
                                                                                                                                
     Reletter the following subparagraph accordingly.                                                                           
                                                                                                                                
     Page 85, line 30, following "accounts.", through page                                                                    
     86, line 23:                                                                                                               
     Delete all material.                                                                                                       
     Insert "The board shall invest the assets of the                                                                           
     individual accounts under AS 37.10.210."                                                                                   
                                                                                                                                
Vice-Chair Stoltze OBJECTED for discussion purposes.                                                                            
                                                                                                                                
Representative  Weyhrauch   explained  that   the  amendment                                                                    
speaks to who is doing the  investment in the plans and why.                                                                    
He referred to a study  in "Governing Magazine", March 2004.                                                                    
The  state of  Nebraska  introduced  a defined  contribution                                                                    
plan  where  state  and county  employees  controlled  their                                                                    
investments. He  observed that, during the  period from 1983                                                                    
to 1999, state and county  workers averaged 6 percent return                                                                    
on  their investments  versus an  11 percent  return by  the                                                                    
state's  traditional  investors   handling  the  traditional                                                                    
pension funds.                                                                                                                  
                                                                                                                                
Representative   Kelly  spoke   against  Amendment   17  and                                                                    
suggested that it goes too far.                                                                                                 
                                                                                                                                
5:14:32 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer asked  if  the attempt  is  to make  options                                                                    
similar to  the SBS  system. Representative  Seaton affirmed                                                                    
and explained that the House  State Affairs Committee looked                                                                    
at allowing the new board to  manage the funds with the same                                                                    
accounts that the  defined benefits use. They  found that it                                                                    
would be  illegal for a single  defined contribution account                                                                    
to  have a  single investment  option, under  the IRS  code.                                                                    
Individuals could  elect to have  their accounts  managed by                                                                    
the new ARM Board.                                                                                                              
                                                                                                                                
5:15:50 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken on the motion to Adopt Amendment                                                                     
17 was taken.                                                                                                                   
                                                                                                                                
IN FAVOR: Weyhrauch, Hawker, Joule, Moses                                                                                       
OPPOSED: Croft, Foster, Holm, Kelly, Stoltze, Chenault,                                                                         
Meyer                                                                                                                           
                                                                                                                                
The MOTION FAILED (4-7).                                                                                                        
                                                                                                                                
5:17:28 PM                                                                                                                    
                                                                                                                                
At ease.                                                                                                                        
                                                                                                                                
5:22:18 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 5:23 P.M.                                                                                          

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