Legislature(2007 - 2008)

04/02/2007 07:11 AM House W&M


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                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                         April 2, 2007                                                                                          
                           7:11 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Chair                                                                                               
Representative Anna Fairclough, Vice Chair                                                                                      
Representative Bob Roses                                                                                                        
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Sharon Cissna                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 204                                                                                                              
"An Act relating  to the public employees'  and teachers' defined                                                               
benefit retirement  plans; relating to the  public employees' and                                                               
teachers' defined contribution retirement  plans; relating to the                                                               
judicial retirement system; relating  to the health reimbursement                                                               
arrangement  plan  for  certain teachers  and  public  employees;                                                               
relating to  the supplemental employee benefit  program; relating                                                               
to the public employees'  deferred compensation program; relating                                                               
to  group insurance  for public  employees  and retirees;  making                                                               
conforming amendments; and providing for an effective date."                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 206                                                                                                              
"An Act relating  to the accounting and  payment of contributions                                                               
under  the   defined  benefit  plan  of   the  Public  Employees'                                                               
Retirement  System of  Alaska, to  calculations of  contributions                                                               
under that  defined benefit  plan, and  to participation  in, and                                                               
termination of  and amendments to participation  in, that defined                                                               
benefit plan; making conforming  amendments; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: HB 204                                                                                                                  
SHORT TITLE: PUBLIC EMP./TEACHERS/JUDGES EMP. BENEFITS                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/16/07       (H)       W&M, FIN                                                                                               
03/28/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
03/28/07       (H)       Heard & Held                                                                                           
03/28/07       (H)       MINUTE(W&M)                                                                                            
03/30/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
03/30/07       (H)       Heard & Held                                                                                           
03/30/07       (H)       MINUTE(W&M)                                                                                            
04/02/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
                                                                                                                                
BILL: HB 206                                                                                                                  
SHORT TITLE: PERS CONTRIBUTIONS; UNFUNDED LIABILITY                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/16/07       (H)       W&M, FIN                                                                                               
03/28/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
03/28/07       (H)       Scheduled But Not Heard                                                                                
03/30/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
03/30/07       (H)       Heard & Held                                                                                           
03/30/07       (H)       MINUTE(W&M)                                                                                            
04/02/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANNETTE KREITZER, Commissioner Designee                                                                                         
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained committee handouts related to HB
204 and the Department of Administration's position on aspects                                                                  
of HB 206.  She responded to questions.                                                                                         
                                                                                                                                
KATHLEEN LEA, Acting Director                                                                                                   
Retirement Manager                                                                                                              
Division of Retirement and Benefits (DRB)                                                                                       
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 206 on behalf of the                                                                          
Department of Administration and responded to questions.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR MIKE HAWKER called the House Special Committee on Ways and                                                              
Means meeting to order at 7:11:11 AM.  Present at the call to                                                                   
order  were Representatives  Hawker, Fairclough,  Wilson, Seaton,                                                               
and Roses.   Representative Cissna arrived as the  meeting was in                                                               
progress.  Representative Gruenberg was excused.                                                                                
                                                                                                                                
7:11:11 AM                                                                                                                    
                                                                                                                                
HB 204-PUBLIC EMP./TEACHERS/JUDGES EMP. BENEFITS                                                                              
                                                                                                                                
CHAIR HAWKER announced that the  first order of business would be                                                               
HOUSE BILL NO. 204, An Act  relating to the public employees' and                                                               
teachers'  defined  benefit  retirement plans;  relating  to  the                                                               
public employees'  and teachers' defined  contribution retirement                                                               
plans; relating  to the judicial  retirement system;  relating to                                                               
the health  reimbursement arrangement  plan for  certain teachers                                                               
and  public  employees;  relating to  the  supplemental  employee                                                               
benefit  program;  relating  to the  public  employees'  deferred                                                               
compensation  program; relating  to  group  insurance for  public                                                               
employees  and   retirees;  making  conforming   amendments;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
ANNETTE   KREITZER,   Commissioner    Designee,   Department   of                                                               
Administration  (DOA)  provided  the committee  with  a  document                                                               
titled "Comparison of Former HB 475 and  HB 204".  She went on to                                                               
reference an email  sent to her on March 31,  2007 which provides                                                               
a  synopsis  of  the  participation  of  the  National  Education                                                               
Association,   Alaska  branch   (NEA-Alaska)  in   the  Teachers'                                                               
Retirement System (TRS) as requested by the committee.                                                                          
                                                                                                                                
REPRESENTATIVE SEATON  relayed that,  at the last  meeting, there                                                               
was discussion  of the  effect of  allowing elected  officials to                                                               
participate in  the Public  Employees' Retirement  System (PERS).                                                               
He  explained that  his  office did  some  research on  different                                                               
employment scenarios  and their  effect on PERS.   He  noted that                                                               
the largest cost component is for medical costs.                                                                                
                                                                                                                                
CHAIR HAWKER  confirmed that the aforementioned  research was for                                                               
PERS Tiers I, II, and III only.                                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  reminded the committee that  an employee's                                                               
PERS  participation tier  is based  on the  date that  person was                                                               
first employed,  so an elected official  with previous employment                                                               
with a PERS  employer will fall under the system  that applied at                                                               
the time that person was first  employed.  He noted that while it                                                               
is against  the law for an  employer to use retirement  status in                                                               
employment  decisions, there  is  no  prohibition against  voters                                                               
considering  the retirement  system  status of  a candidate  when                                                               
making their decision.                                                                                                          
                                                                                                                                
[HB 204 was held in committee.]                                                                                                 
                                                                                                                                
7:18:20 AM                                                                                                                    
                                                                                                                                
HB 206-PERS CONTRIBUTIONS; UNFUNDED LIABILITY                                                                                 
                                                                                                                                
CHAIR HAWKER announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  206,"An  Act relating  to  the  accounting  and                                                               
payment of  contributions under the  defined benefit plan  of the                                                               
Public Employees'  Retirement System  of Alaska,  to calculations                                                               
of  contributions  under  that   defined  benefit  plan,  and  to                                                               
participation   in,  and   termination  of   and  amendments   to                                                               
participation in,  that defined  benefit plan;  making conforming                                                               
amendments; and providing for an effective date."                                                                               
                                                                                                                                
KATHLEEN LEA,  Acting Director,  Retirement Manager,  Division of                                                               
Retirement  and  Benefits  (DRB), Department  of  Administration,                                                               
provided  the  committee  with a  PowerPoint  presentation  dated                                                               
April 2,  2007.  She  said that employers have  expressed concern                                                               
regarding the  current employer level accounting  method used for                                                               
the PERS defined benefit plan.   Although PERS now has two plans,                                                               
the  defined  benefit (DB)  plan,  and  the defined  contribution                                                               
retirement (DCR) plan, today will  only address concerns with the                                                               
DB plan, she explained.                                                                                                         
                                                                                                                                
7:20:42 AM                                                                                                                    
                                                                                                                                
MS. LEA  reminded the committee  that PERS is an  agent multiple-                                                               
employer plan which  provides benefits to employees  of more than                                                               
one employer.  Separate accounts are  set up for each employer to                                                               
pay  for the  benefits of  only that  employer's employees.   She                                                               
explained  that  there  are some  administrative  and  investment                                                               
functions which are pooled to the advantage of the employer.                                                                    
                                                                                                                                
MS. LEA explained that AS  39.35.100(b)(3) requires that separate                                                               
accounts be maintained for each  employer and that these accounts                                                               
be credited with that employer's  contributions.  Furthermore, AS                                                               
39.35.250  states that  the  past service  rate  portion of  each                                                               
employers' contribution  rate is  that "required to  amortize the                                                               
unfunded obligations of the employer  ...."  She relayed that the                                                               
state's  actuary,   Buck  Consultants,  amortizes   the  unfunded                                                               
obligations over a  25 year period.  She went  on to explain that                                                               
PERS assets  include contributions by employers  and employees as                                                               
well as investment income.   Liabilities include pension benefits                                                               
and  health costs.   If  there is  a deficit  between assets  and                                                               
liabilities, the employers are liable for funding the shortfall.                                                                
                                                                                                                                
MS. LEA  explained that employer contributions  are accounted for                                                               
in two  separate accounts.   In the active account,  all employer                                                               
contributions  are  accounted  for   separately.    However,  the                                                               
retiree  account is  one account  and employer  contributions are                                                               
not accounted for separately.   She explained that once funds are                                                               
transferred into  the retiree reserve  account, the funds  are no                                                               
longer the employer's, but are used to pay benefits.                                                                            
                                                                                                                                
7:22:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked what  happens when  a retiree  is re-                                                               
hired by a PERS employer after  funds for that employee have been                                                               
transferred to the retiree reserve account.                                                                                     
                                                                                                                                
MS.  LEA  explained that  a  re-hired  retiree will  continue  to                                                               
receive retirement benefits.   The employer will  continue to pay                                                               
any past  service cost contributions,  but the employee  makes no                                                               
contributions and does not accrue  any additional service towards                                                               
retirement.                                                                                                                     
                                                                                                                                
7:23:54 AM                                                                                                                    
                                                                                                                                
MS.  LEA described  the retiree  reserve account  as funded  from                                                               
employer and employee  contributions, as well as a  share of PERS                                                               
net investment  income.  When  actively employed, a  member makes                                                               
contributions  to their  own account.   Once  an eligible  member                                                               
retires, their  contribution account transfers to  the retirement                                                               
reserve account.   Benefits  are first  paid from  the employee's                                                               
contributions, then  from the employer's contributions.   This is                                                               
because  the employee's  portion  is transferred  to the  retiree                                                               
reserve account  immediately upon retirement, but  the employer's                                                               
share is  calculated during the  next valuation cycle,  which can                                                               
be up to  a year later.   She relayed that it  is the calculation                                                               
of the employer's share that has caused some concerns.                                                                          
                                                                                                                                
MS. LEA explained  that the retiree reserve account is  to be 100                                                               
percent funded.  The DRB  looks at the actuarial calculations and                                                               
considers the  amount of employee contributions  to determine the                                                               
employer's final liability.  When  members retire, their employee                                                               
contributions  will  be  transferred   to  the  retiree  reserve.                                                               
Thereafter begins  the statutory evaluation process  to determine                                                               
the amount  the employer must  contribute to fully  fund benefits                                                               
due its retired members.   An employer's share is determined with                                                               
reference  to the  total  retiree liabilities  and  assets.   The                                                               
employer's  allocated   share  of   assets  and   liabilities  is                                                               
calculated to determine the amount  necessary to fund the retiree                                                               
reserve account  as determined  by the actuary.   In  some cases,                                                               
employers can over  fund the account she  explained, referring to                                                               
slides  15  to   17  which  show  calculations   from  an  actual                                                               
situation.                                                                                                                      
                                                                                                                                
7:32:29 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER  expressed  his  concern  that  the  aforementioned                                                               
example  provided  by DRB  shows  an  employer with  a  potential                                                               
unfunded liability  of $112,353  in 2004 becoming  over-funded by                                                               
$192,428  one  year  later, after  the  completion  of  actuarial                                                               
calculations.                                                                                                                   
                                                                                                                                
MS. LEA agreed  that the example helps explain  why employers are                                                               
concerned with  the allocation  method.  She  went on  to explain                                                               
that  liabilities   are  annually  calculated  by   employee  and                                                               
allocated  to  individual  employers based  on  pro-rata  service                                                               
earned  with an  employer.   However, this  calculation does  not                                                               
take  into  account salary  earned  with  an employer,  which  is                                                               
another area of employer concern.                                                                                               
                                                                                                                                
7:33:41 AM                                                                                                                    
                                                                                                                                
MS. LEA  said that  the cost  share model  of the  bill addresses                                                               
concerns with accounting.   She explained that  under the current                                                               
system,  the retirement  calculation is  based on  the employee's                                                               
three highest  salary years.   Therefore, if a person  worked for                                                               
two  different employers  for five  years each,  earning $150,000                                                               
total  with  employer A,  and  $200,000  total with  Employer  B,                                                               
employer  A's liability  is based  on the  higher salary  paid by                                                               
employer B.   The effect of  this rule becomes more  extreme if a                                                               
person  is an  elected  official  who earns  a  small stipend  of                                                               
$1,000  for five  years  of elected  service for  City  X.   That                                                               
person  could  then work  for  City  Z  and  receive a  wages  of                                                               
$200,000 over a  five year period.  City X  will share 50 percent                                                               
of the  total liability even  though the retiree only  received a                                                               
small stipend  from his or her  time as an elected  official with                                                               
that city.  She  noted that scenario shown on slides  21 to 23 is                                                               
extreme, but that  there are approximately 735  persons, or about                                                               
1.2 percent of  PERS members, who are elected  officials and that                                                               
the  example clearly  illustrates a  problem with  the allocation                                                               
method.                                                                                                                         
                                                                                                                                
7:35:54 AM                                                                                                                    
                                                                                                                                
MS. LEA offered  that the cost share model  addresses concerns of                                                               
account allocation  and employer liability.   She explained that,                                                               
in  a  cost share  program,  all  employers  share the  costs  of                                                               
benefits,  administration, and  investment.   Under  HB 206,  the                                                               
PERS DB plan  will be administered more like the  TRS DB plan and                                                               
the state  will assume 65  percent of the unfunded  liability, or                                                               
approximately  $3.6  billion  of   $5.5  billion  total  unfunded                                                               
liabilities as of June 30, 2006.   She opined this approach could                                                               
simplify plan administration  and allow the plan  to avail itself                                                               
of issuance of pension obligation  bonds (POBs) to further reduce                                                               
the unfunded  liability.  She  described HB  206 as a  long range                                                               
plan which will allow a  more uniform, less volatile contribution                                                               
rate.   She  said  that the  Alaska  Retirement Management  Board                                                               
(ARMB) and the Alaska Municipal  League (AML) support the concept                                                               
of the cost share approach.                                                                                                     
                                                                                                                                
7:40:11 AM                                                                                                                    
                                                                                                                                
COMMISSIONER DESIGNEE KREITZER pointed  out that AML does support                                                               
a  cost share  approach, but  indicated that  AML would  like the                                                               
state to  take a  larger share  of the  unfunded liability.   She                                                               
went on to explain that  HB 206 as proposed allows municipalities                                                               
90 days after  the bill's effective date to choose  whether to be                                                               
covered by the cost share  legislation.  She explained that under                                                               
the bill's  provisions, costs are  shared among employers  and it                                                               
is estimated that it will  bring employer contribution rates down                                                               
and save local  governments money by fiscal year (FY)  2008.  She                                                               
said that the bill allows the  state to intercept funds bound for                                                               
non-paying employers.   She opined  that this tool, while  it may                                                               
sound drastic, should  be available to the state  since the state                                                               
is  ultimately responsible  for payment  of benefits.   The  bill                                                               
also has a  provision that requires local governments  to pay for                                                               
termination studies,  which she opined  would save the  state and                                                               
employers from paying for unnecessary accounting costs.                                                                         
                                                                                                                                
COMMISSIONER DESIGNEE  KREITZER offered that in  considering this                                                               
issue, DOA  has considered  methods to take  a longer  range view                                                               
that will have  a positive effect on FY 08  budgets and still pay                                                               
down the unfunded  liability.  She referred to HB  204, which she                                                               
said  allows the  state to  calculate  the employer  contribution                                                               
rate across the entire wage base.   She opined that although this                                                               
would not have  an effect for several years, it  would help lower                                                               
the  contribution rates.   Employers  would  be contributing  the                                                               
same amount, but the rate will appear lower, she explained.                                                                     
                                                                                                                                
COMMISSIONER DESIGNEE KREITZER said that  if the state adopts the                                                               
cost  share plan,  pays  65 percent  of  the unfunded  liability,                                                               
holds harmless  employers who would  have to  pay more in  FY 08,                                                               
and pays  30 percent of  the unfunded liability through  POBs, it                                                               
will save the state $10 million.   She opined that the cost share                                                               
approach offers a  long term solution, noting that  POBs are "not                                                               
without risk."   She  told the committee  that Governor  Palin is                                                               
concerned  that local  governments not  be unduly  over-burdened.                                                               
She  opined that  this solution  does not  cause undue  burden to                                                               
local  governments when  taken  as a  whole.   In  response to  a                                                               
comment,  she reiterated  that  she is  continuing  to meet  with                                                               
interested parties to  discuss the cost share  approach until "we                                                               
come to a solution."                                                                                                            
                                                                                                                                
7:46:27 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER  emphasized  that   HB  206  has  some  significant                                                               
components.    First is  the  calculation  of the  employer  rate                                                               
across  all public  employees, not  just  those in  the DB  plan.                                                               
Second,  the  intercept  provision  recognizes  the  need  for  a                                                               
mechanism  for  the  state  to pursue  recovery  of  payments  if                                                               
municipalities fail to pay.   Furthermore, the bill proposes that                                                               
employers pay termination study costs.   Last, Section 7 proposes                                                               
the state  assume 65 percent  of the unfunded  actuarial unfunded                                                               
liability as  of June  30, 2006.   He noted that  as of  2006 the                                                               
state had  not been fully funding  the pension plans due  in part                                                               
to  a state  law which  limited increase  to the  annual rate  of                                                               
employer contributions to 5 percent.   He asked why that date was                                                               
chosen   to  calculate   the  state's   proposed  assumption   of                                                               
liabilities.                                                                                                                    
                                                                                                                                
COMMISSIONER DESIGNEE  KREITZER explained that she  wanted to use                                                               
the  "worst  case,  known  scenario"  which  is  the  June,  2006                                                               
determination  that  there  is   approximately  $8.8  billion  in                                                               
unfunded pension plan costs.                                                                                                    
                                                                                                                                
CHAIR HAWKER  noted that the  unfunded liability will grow  in FY                                                               
07 and  FY 08, and  perhaps stabilize after  that.  He  asked how                                                               
the  anticipated,  but  unknown,  growth will  be  considered  in                                                               
determining municipal contribution rates.                                                                                       
                                                                                                                                
7:50:25 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  DESIGNEE  KREITZER  told   the  committee  she  has                                                               
discussed  the  aforementioned issue  with  AML  and agreed  that                                                               
there  are various  ways to  approach the  likely, but  currently                                                               
unknown, increases  in the amount  of unfunded liabilities.   She                                                               
explained that  for FY 07  and 08, DOA is  aware of the  level of                                                               
assistance rate  relief necessary  to hold  communities harmless.                                                               
She opined  that one approach  to "leveling  it out" would  be to                                                               
offer a percentage of that assistance  in the future.  She opined                                                               
that much of the discussion of  funding issues will take place in                                                               
the House and Senate Standing Finance Committees.                                                                               
                                                                                                                                
REPRESENTATIVE WILSON  asked which  section of the  bill contains                                                               
the hold harmless provisions and whether it is for one year.                                                                    
                                                                                                                                
COMMISSIONER   DESIGNEE  KREITZER   explained   that  the   "hold                                                               
harmless" aspects  of the proposed  cost share plan have  not yet                                                               
been presented  to this  committee.  She  explained that  DOA has                                                               
considered different  approaches to  a cost share  plan.   In one                                                               
scenario, if the  state goes to a cost share  plan without giving                                                               
some  relief to  employers, it  would save  the state  money, but                                                               
cost plan  participants.  However,  holding communities  to their                                                               
FY 07 rates would require a  state contribution of $82 million to                                                               
the  unfunded  liabilities.   The  budget  as introduced  by  the                                                               
governor  proposes to  provide $115  million in  rate relief  for                                                               
municipalities.  She  indicated that it would cost  the state $82                                                               
million  to  hold the  communities  harmless;  however the  state                                                               
would still save $10 million in FY  08.  She agreed that the hold                                                               
harmless process  is for  one year.   She  explained that  in her                                                               
discussions with AML,  she has broached the  possibility that for                                                               
future  years the  state could  pay a  percentage of  what it  is                                                               
paying this year to hold communities harmless.                                                                                  
                                                                                                                                
7:55:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON   asked   whether   the   hold   harmless                                                               
discussions concern an individual  employer's calculated rate, or                                                               
a blended  rate.  He  explained that while discussion  of pension                                                               
issues  often refers  to general  rates,  employers actually  pay                                                               
based  on their  individual rates,  which  may vary.   He  sought                                                               
clarification as to what rate  the hold harmless provisions would                                                               
be  based on,  noting  that  some employers  are  paying at  high                                                               
rates.                                                                                                                          
                                                                                                                                
COMMISSIONER  DESIGNEE  KREITZER noted  that  HB  204 allows  the                                                               
state to spread  the cost across the entire wage  base of both DB                                                               
and DCR employees.                                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  noted  he  was  not  asking  about  which                                                               
salaries  are included  in  the  wage base.    He sought  further                                                               
information as  to how  the state would  determine which  rate an                                                               
employer  will  be held  to  for  purpose  of the  hold  harmless                                                               
provision.                                                                                                                      
                                                                                                                                
COMMISSIONER DESIGNEE KREITZER indicated  she believed it was the                                                               
individual employer rate.                                                                                                       
                                                                                                                                
7:58:46 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER summarized that his  understanding is that the state                                                               
will take responsibility  for a fixed amount as a  way to provide                                                               
some rate  predictability and  stability for  municipal employers                                                               
so that they can afford  to pay the escalating pension obligation                                                               
rates.  He noted  that the one approach, as taken  by HB 206, has                                                               
the  state  taking  responsibility  for a  fixed  amount  of  the                                                               
unfunded pension  obligations.   Under this  approach, individual                                                               
employer's  rates   would  be  reduced  to   a  reasonable  rate.                                                               
However,  since the  state is  only taking  responsibility for  a                                                               
fixed amount  for one year,  the future rates are  still unknown,                                                               
he  observed.   An alternate  approach  would have  been for  the                                                               
state  to  take responsibility  to  guarantee  a fixed  rate  for                                                               
municipal  employers, with  the state  having responsibility  for                                                               
any amount over the fixed rate.                                                                                                 
                                                                                                                                
8:01:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON offered  his understanding  that the  hold                                                               
harmless  approach  will  hold municipalities  to  their  current                                                               
individual contribution rate.                                                                                                   
                                                                                                                                
COMMISSIONER  DESIGNEE KREITZER  agreed  with the  aforementioned                                                               
explanation.                                                                                                                    
                                                                                                                                
COMMISSIONER  DESIGNEE KREITZER  referred  to  an exhibit  titled                                                               
"Cost Share Exhibits" and explained  that it presents the various                                                               
results  that a  change  to  a cost  share  system  will have  on                                                               
different  employers.   She reminded  the committee  that if  the                                                               
state moves  to cost  share without providing  some type  of hold                                                               
harmless relief,  the state will save  approximately $36 million.                                                               
However,  she said  this approach  will  cost the  municipalities                                                               
approximately  $52 million,  a result  she  characterized as  not                                                               
fair.  Therefore, the state  considered other approaches, such as                                                               
rate relief, to  address negative impacts on employers.   To hold                                                               
municipalities to  their FY 07  contribution rate would  cost the                                                               
state  $82 million,  she said.   This  approach contemplates  the                                                               
state  assuming   65  percent  of  the   unfunded  liability  and                                                               
potentially using other fund sources, such as POBs.                                                                             
                                                                                                                                
CHAIR HAWKER clarified that Exhibit  2a of the Cost Share Exhibit                                                               
set forth  the scenario under HB  206 where the state  assumes 65                                                               
percent of  the unfunded liability as  of June 30, 2006  and pays                                                               
$1.7 billion of that liability through issuance of POBs.                                                                        
                                                                                                                                
COMMISSIONER  DESIGNEE KREITZER  clarified that  it is  the state                                                               
and municipalities that pay as it is "built into the rate."                                                                     
                                                                                                                                
8:12:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    FAIRCLOUGH    expressed    concern    regarding                                                               
municipalities that have not paid their contributions.                                                                          
                                                                                                                                
COMMISSIONER DESIGNEE KREITZER agreed that  there seem to be some                                                               
issues  regarding  the  adequacy  of  payments  by  the  City  of                                                               
Fairbanks, as  well as issues  to be addressed  concerning cities                                                               
that  have  paid  additional amounts  to  reduce  their  unfunded                                                               
pension liabilities.   She stated that  this may be an  issue the                                                               
legislature may address in a specific manner.                                                                                   
                                                                                                                                
8:14:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  if the  various scenarios  shown in                                                               
the  Cost Share  Exhibit are  affected  by factors  such as  rate                                                               
calculation across  the entire  wage base,  not just  the defined                                                               
benefit portion of the wage base.                                                                                               
                                                                                                                                
8:15:50 AM                                                                                                                    
                                                                                                                                
COMMISSIONER KREITZER opined that  it was likely the calculations                                                               
referred to  do take  into account factors  such as  inclusion of                                                               
the  entire  wage  base  in the  determination  of  the  employer                                                               
contribution  rate.   She stated  that her  approach has  been to                                                               
work with  AML and focus on  the "worst case" scenario  in trying                                                               
to  determine a  solution.   She  explained that  the Cost  Share                                                               
Exhibit shows how  employers will be differently  affected if the                                                               
state assumes 65 percent of the unfunded liabilities.                                                                           
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   reminded  the  committee   that  she                                                               
previously  requested information  as  to  which communities  are                                                               
behind in their employer contributions.                                                                                         
                                                                                                                                
REPRESENTATIVE ROSES asked  how many employers are  funded by the                                                               
state, such as  the university system, noting in  those cases the                                                               
state pays  all the costs  for that employer through  the general                                                               
fund.  He noted that other  employers have some type of tax base,                                                               
but that the  state ends up paying much of  the obligation anyway                                                               
through revenue  sharing or area cost  differentials allocated to                                                               
those communities.                                                                                                              
                                                                                                                                
8:24:59 AM                                                                                                                    
                                                                                                                                
MS.  LEA agreed  that at  the  point of  allocation process,  the                                                               
employee's portion  has already  been transferred to  the retiree                                                               
reserve account.  In response  to further inquiry, she noted that                                                               
at one point  in the TRS system the state  paid a contribution in                                                               
addition to  the employee and employer.   The state did  not make                                                               
an additional contribution for the PERS, she clarified.                                                                         
                                                                                                                                
8:26:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES   asked  whether  there  is   a  method  to                                                               
determine which  PERS employers can  be considered  "stand alone"                                                               
employers that  have a tax  base or other revenue  source besides                                                               
the state.                                                                                                                      
                                                                                                                                
MS.  LEA said  DRB can  provide information  that shows  how many                                                               
employers  are in  different  categories, such  as  how many  are                                                               
school  districts.   However, DRB  is  not aware  of the  funding                                                               
sources for all employers.                                                                                                      
                                                                                                                                
CHAIR HAWKER  noted that Exhibit  1 on page  5 of the  Cost Share                                                               
Exhibit delineates  employers by category, which  may help answer                                                               
Representative Roses' query.                                                                                                    
                                                                                                                                
8:29:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  relayed   that   there  are   likely                                                               
communities that  the state funds  at 100 percent,  therefore all                                                               
employer  contributions by  those  communities  are really  state                                                               
funds.                                                                                                                          
                                                                                                                                
REPRESENTATIVE WILSON  opined that some communities  impose local                                                               
property taxes despite  the burden it causes,  while other larger                                                               
communities do  not impose local property  taxation despite their                                                               
ability to do so.                                                                                                               
                                                                                                                                
8:31:34 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  KREITZER  agreed  that   the  are  many  issues  to                                                               
consider related  to PERS/TRS funding.   She offered that  HB 206                                                               
is the  administration's suggested long-term approach  to address                                                               
the unfunded liability.   She expressed concern  over the growing                                                               
$8.6 billion  liability and  stated the  administration presented                                                               
the  cost share  approach as  a fair  solution.   She noted  that                                                               
there  are concerns  that some  municipalities will  receive debt                                                               
relief under this  approach.  There are also  concerns that other                                                               
communities   should   receive  acknowledgement   of   additional                                                               
contributions made to their  unfunded liabilities.  Additionally,                                                               
she reminded the committee that  market forces will determine the                                                               
ability  to issue  pension  obligation bonds  to  reduce the  TRS                                                               
indebtedness.  In  summary, while there are "six  ways to Sunday"                                                               
to  criticize the  cost share  plan, she  offered that  it is  an                                                               
approach  through which  to  address and  pay  down the  unfunded                                                               
liabilities.                                                                                                                    
                                                                                                                                
8:32:50 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER recapped  that testimony  indicates that  municipal                                                               
employers support  the cost share  approach, although  details of                                                               
the proposal remain  to be determined.  He noted  that there is a                                                               
significant  issue  regarding  "winners and  losers"  that  still                                                               
needs  to be  considered  as well  as issues  of  the ability  to                                                               
intercept funds, and termination study  costs.  He expressed some                                                               
concern over  the payment mechanism  proposed in Section 7  of HB
206, which  he described as  the single largest component  of the                                                               
bill.  He noted that while  Section 7 offers a sound approach, it                                                               
is likely to  undergo some changes as the bill  moves through the                                                               
system.                                                                                                                         
                                                                                                                                
[HB 206 was held in committee.]                                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Ways and  Means meeting  was adjourned  at                                                               
8:37:25 AM.                                                                                                                   

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