Legislature(2007 - 2008)

04/11/2007 07:14 AM House W&M


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07:14:39 AM Start
07:15:38 AM HB206
09:03:26 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                         April 11, 2007                                                                                         
                           7:14 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                                                                                                    
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative Mike Kelly                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
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."                                                                                                                
                                                                                                                                
     - MOVED CSHB 206 (W&M) OUT OF COMMITTEE                                                                                    
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 5                                                                                                    
Proposing amendments to  the Constitution of the  State of Alaska                                                               
limiting  appropriations from  certain mineral  revenue, relating                                                               
to the balanced budget account,  and relating to an appropriation                                                               
limit.                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
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                                                                       
04/02/07       (H)       Heard & Held                                                                                           
04/02/07       (H)       MINUTE(W&M)                                                                                            
04/04/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
04/04/07       (H)       Heard & Held                                                                                           
04/04/07       (H)       MINUTE(W&M)                                                                                            
04/11/07       (H)       W&M AT 7:00 AM HOUSE FINANCE 519                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANNETTE KREITZER, Commissioner Designee                                                                                         
Department of Administration(DOA)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding HB 206.                                                                       
                                                                                                                                
KATHLEEN LEA, Retirement Manager                                                                                                
Division of Retirement and Benefits (DRB)                                                                                       
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions  on HB 206  and provided                                                               
information on retirement and benefit issues.                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR MIKE HAWKER called the  House Special Committee on Ways and                                                             
Means meeting to order at 7:14 AM.   Present at the call to order                                                               
were Representatives  Hawker, Fairclough, Wilson,  Roses, Seaton,                                                               
and Gruenberg.  Representative Cissna  arrived as the meeting was                                                               
in progress.  Representative Kelly was also in attendance.                                                                      
                                                                                                                                
7:14:39 AM                                                                                                                    
                                                                                                                                
HB 206-PERS CONTRIBUTIONS; UNFUNDED LIABILITY                                                                                 
                                                                                                                                
CHAIR HAWKER announced that the  first 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."                                                                               
                                                                                                                                
7:15:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON opined that one  of the chief components of                                                               
a cost share  system should be to structure a  mechanism by which                                                               
all employers  are on "an  equivalent basis" when they  enter the                                                               
system.   He  said he  believes that  the one-year  hold harmless                                                               
provision as  currently proposed under  HB 206 is  not sufficient                                                               
to  keep  some  employers  in  the system.    He  suggested  that                                                               
fairness requires  some kind  of equity  among employers  as they                                                               
enter  a cost  share  arrangement.   He  referred  to a  document                                                               
titled "Hold Harmless", dated April  10, 2007, which was provided                                                               
to the  committee.  He reminded  the committee that "there  is no                                                               
wording  in  [HB] 206  that  provides  the  hold harmless."    He                                                               
suggested that  his approach  could be described  in a  letter of                                                               
intent which could be sent to the House Finance Committee.                                                                      
                                                                                                                                
7:18:06 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER  asked  whether  Representative  Seaton's  approach                                                               
could be considered a conceptual amendment to HB 206.                                                                           
                                                                                                                                
REPRESENTATIVE SEATON  agreed that his suggested  approach to the                                                               
hold harmless  issue could be  considered a  conceptual amendment                                                               
to HB  206.  He reiterated  his belief that employers  must be at                                                               
an equivalent  place when  they enter  the cost  share pool.   He                                                               
opined that  the current proposal  to set  employer contributions                                                               
at approximately  32 percent  will cause  many employers  to drop                                                               
out of the  system as it is  much too high a rate.   His proposal                                                               
is based  on information from  the Alaska Municipal  League (AML)                                                               
and other entities that municipalities  "could stand" an employer                                                               
contribution rate  of 22 percent.   He went on  to say that  a 22                                                               
percent employer  contribution rate  is reasonable, while  a rate                                                               
as high as  31.86 percent is "unworkable."  He  suggested that to                                                               
get to a  rate of 22 percent,  there will need to  be a reduction                                                               
in the  unfunded actuarial accrued  liability (UAAL),  whether by                                                               
pension  obligation   bond  (POB),   or  other  mechanism.     He                                                               
summarized  that  this  approach  establishes  how  much  of  the                                                               
unfunded  liabilities  will be  paid  to  allow for  an  employer                                                               
contribution rate of 22 percent.                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON  noted that some municipalities  are paying                                                               
at 10 percent, therefore, a mechanism  is needed to bring them up                                                               
to an equivalent unfunded liability  of 22 percent by paying part                                                               
of their  rate for the  first several years.   If an  employer is                                                               
paying at  a higher rate, he  suggested that there needs  to be a                                                               
mechanism to  divert funds  for payment of  PERS liability  in an                                                               
amount  sufficient to  bring  that  employer's contribution  rate                                                               
down to 22 percent.                                                                                                             
                                                                                                                                
7:24:56 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER summarized that  the aforementioned approach appears                                                               
designed to  establish parity whereby the  unfunded liability for                                                               
every employer is  22 percent and the  consolidated employer rate                                                               
is also 22 percent.                                                                                                             
                                                                                                                                
REPRESENTATIVE    SEATON   agreed    with   the    aforementioned                                                               
summarization  and  set  forth it  would  require  two  different                                                               
calculations to  the set the rate  at 22 percent.   He noted that                                                               
the rate chosen  could be different than 22 percent.   He offered                                                               
that his proposed amendment is not  so much about the actual rate                                                               
as  about establishing  a  mechanism to  bring  all employers  to                                                               
parity with regard to their unfunded liabilities.                                                                               
                                                                                                                                
7:26:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  noted that employers who  pay into the                                                               
system to  "make themselves  whole" sooner will  have less  of an                                                               
obligation.   She asked if  that possibility had  been considered                                                               
when   preparing  the   scenarios  presented   by  the   proposed                                                               
conceptual amendment.                                                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON  indicated  that details  of  payment  and                                                               
interest  rate accrual  would still  need to  be considered,  but                                                               
reiterated  that  his  approach  requires  the  determination  of                                                               
unfunded  liabilities  at a  particular  point  or "snapshot"  in                                                               
time.   The  actuarial  rates for  each  employer are  determined                                                               
based on the  amount of unfunded liabilities.   The hold harmless                                                               
provision's purpose is  to work out a mechanism to  bring all the                                                               
employers, with  their differing rates and  unfunded liabilities,                                                               
into a cost share system on an equitable basis.                                                                                 
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  suggested that there are  many details                                                               
to  be  worked  out  due  to the  differing  situations  of  some                                                               
employers,  noting that  some are  over-funded, while  others owe                                                               
quite a bit.                                                                                                                    
                                                                                                                                
7:28:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   agreed  that  there  will   need  to  be                                                               
adjustments made to  address issues that will arise  as the state                                                               
moves to  bring employers to  an equivalent basis.   He explained                                                               
the calculations  necessary to arrive  at a consolidated  rate of                                                               
22 percent.   To arrive  at this  figure, one must  calculate the                                                               
difference  between the  past service  cost rate  and the  normal                                                               
cost  rate.   This difference  will set  the amount  the employer                                                               
must  pay to  towards  its  past service  cost.   The  difference                                                               
between  the  past service  cost  and  the employer's  rate  will                                                               
determine  the amount  of the  state's  contribution towards  the                                                               
past service cost.   If a consolidated rate of  22 percent is the                                                               
goal, the employers will take  responsibility for 41.7 percent of                                                               
the UAAL  and the state share  will be 58.3 percent  of the UAAL.                                                               
He  said  that  the  mechanisms   for  payment,  whether  through                                                               
employment  taxes,  POBs,  or  other methods,  will  need  to  be                                                               
determined.   Using  the  22  percent rate  as  an example  would                                                               
result in the  employers being responsible for  $1.83 billion and                                                               
state responsible for $2.56 billion.                                                                                            
                                                                                                                                
7:32:49 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER requested an explanation  of the linkage between the                                                               
calculations  that determine  a consolidated  rate of  22 percent                                                               
and the  actual amount of  UAAL the  employers and the  state are                                                               
responsible for.                                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON  explained that one  must look at  the past                                                               
service  cost rate  and the  normal  cost rate.   The  difference                                                               
between those  sets 7.52 percent  as the amount necessary  to pay                                                               
off the  past service cost.   This  difference is divided  by the                                                               
past service cost  rate to determine the employers'  share of the                                                               
UAAL.                                                                                                                           
                                                                                                                                
CHAIR HAWKER summarized that the  consolidated rate of 22 percent                                                               
is  being  used  to  explain  a possible  mechanism  for  a  hold                                                               
harmless provision.   Using 22 percent as  the consolidated rate,                                                               
one  first determines  how much  that figure  exceeds the  normal                                                               
cost rate  to establish a cap  amount of 7.52 percent.   That cap                                                               
amount is  a percentage of the  total past service cost  rate, in                                                               
this example, 41.7  percent.  The 41.7 percent is  applied to the                                                               
overall liability  to determine  the proportionate amount  of the                                                               
liability  in conjunction  with the  proportionate amount  of the                                                               
payment.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON agreed with  the above summary and reminded                                                               
the  committee  that the  22  percent  figure is  for  discussion                                                               
purposes.     He  opined  that  the   current  proposed  employer                                                               
contribution  rate of  approximately 32  percent to  pay off  the                                                               
UAAL over  25 years will not  work for the system.   His proposal                                                               
calculates how much of the  unfunded liability the employers will                                                               
be  responsible for  if  a  contribution rate  of  22 percent  is                                                               
forecast for a  25 year period.  As a  result, the employers will                                                               
pay 41.7  percent and the state  58.3 percent of the  UAAL, which                                                               
must be reduced somehow, he indicated.                                                                                          
                                                                                                                                
7:36:54 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER  offered  his   understanding  that  this  proposal                                                               
assumes a fixed  employer contribution rate.  He  asked about the                                                               
effect  of future  actuarial  changes to  the  past service  cost                                                               
rate.                                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON indicated that  the current system presents                                                               
a  known  problem  of  employer  rates  that  are  too  high  and                                                               
unpredictable medical  costs.   This proposal  suggests a  way to                                                               
fix  the  known  aspects  of  the  problem  of  unfunded  pension                                                               
liabilities.                                                                                                                    
                                                                                                                                
CHAIR HAWKER  sought further clarification  by setting  forth his                                                               
understanding that  the 22 percent  is a fixed variable,  and all                                                               
other  calculations are  based on  that rate.   He  indicated his                                                               
understanding that  the proposed mechanism would  work regardless                                                               
of  changes to  other variables,  such as  the past  service cost                                                               
rate.  In that case, the  amount the state is responsible for may                                                               
increase or decrease annually.                                                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that   18.03  percent  is  the                                                               
calculation  for the  past service  cost rate  amortized over  25                                                               
years.                                                                                                                          
                                                                                                                                
CHAIR HAWKER  pointed out  that the past  service cost  rate will                                                               
change based on the annual actuarial valuation.                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON agreed  that  the past  service cost  rate                                                               
would  change but  perhaps not  by  much unless  there are  large                                                               
changes  in   the  state's  total   liability  for   medical  and                                                               
retirement benefits.  However, he  reiterated his opinion that to                                                               
move to a  cost share system without some mechanism  to lower the                                                               
projected employer contribution rate of  32 percent will cause at                                                               
least half of the employers to leave PERS.                                                                                      
                                                                                                                                
7:42:53 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER summarized  his  understanding  that this  approach                                                               
sets  a fixed  amount for  the  consolidated rate  that all  PERS                                                               
employers  will  pay.   Once  that  fixed amount  is  determined,                                                               
calculations  are done  to  determine the  state's  share of  the                                                               
unfunded  liabilities,  while the  communities  are  held to  the                                                               
consolidated rate for employer contributions.                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON suggested that  POBs or other methods could                                                               
be used to reduce the state's share of the UAAL.                                                                                
                                                                                                                                
7:44:03 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER contrasted  Representative  Seaton's proposed  hold                                                               
harmless approach  with that  currently proposed in  HB 206.   He                                                               
offered his  understanding that  the fixed element  in HB  206 is                                                               
the amount of  the calculated UAAL as of June  30, 2006, which is                                                               
"multiple billions of dollars."   Under the bill, the state would                                                               
pay 65 percent  of the known UAAL to determine  the dollar amount                                                               
the state  would be  responsible for.   The PERS  employers would                                                               
share the risk of future rate adjustments with the state.                                                                       
                                                                                                                                
ANNETTE   KREITZER,   Commissioner    Designee,   Department   of                                                               
Administration  (DOA),  clarified that  the  amount  of the  UAAL                                                               
calculated as of  June 30, 2006 is 8.6 billion,  which she stated                                                               
is  a  more accurate  determination  of  the amount  of  unfunded                                                               
liabilities.                                                                                                                    
                                                                                                                                
CHAIR HAWKER  explained that Representative Seaton's  approach is                                                               
"much more akin"  to the structure currently  being considered by                                                               
the House  Finance Committee.   This debate  is very  relevant to                                                               
section 7 of the bill, he indicated.                                                                                            
                                                                                                                                
REPRESENTATIVE  ROSES  noted that  when  communities  opt out  of                                                               
PERS,  their   termination  costs  are  based   on  an  actuarial                                                               
calculation of that employer's share  of the unfunded liabilities                                                               
at  the time  of  termination.   He asked  whether  there is  any                                                               
ability for  DOA to adjust the  termination costs if it  is later                                                               
determined that  the costs  attributed to  the employer  were not                                                               
accurate.                                                                                                                       
                                                                                                                                
COMMISSIONER DESIGNEE  KREITZER said  she believes that  once the                                                               
opt out rate is set, DOA cannot go back and change it.                                                                          
                                                                                                                                
7:51:45 AM                                                                                                                    
                                                                                                                                
KATHLEEN  LEA, Retirement  Manager,  Division  of Retirement  and                                                               
Benefits  (DRB)  Department   of  Administration  explained  that                                                               
termination liability is determined based  on a present day value                                                               
calculation  arrived at  through  an actuarial  projection of  an                                                               
employer's future costs.  She  said that amount, once determined,                                                               
is not adjusted.                                                                                                                
                                                                                                                                
REPRESENTATIVE ROSES offered his  understanding that the finality                                                               
of the  termination cost decision  applies regardless  of whether                                                               
actual liability was over- or under-assessed.                                                                                   
                                                                                                                                
MS. LEA  agreed that the aforementioned  understanding is correct                                                               
because the  actuary uses assumptions  to determine costs,  so if                                                               
the  actual costs  vary from  the  assumptions the  amount of  an                                                               
employer's actual liability will adjust accordingly.                                                                            
                                                                                                                                
7:53:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested that  the law could be amended                                                               
to  allow   some  flexibility  in  making   these  determinations                                                               
regarding opt-out procedures.                                                                                                   
                                                                                                                                
COMMISSIONER  DESIGNEE  KREITZER said  she  would  be willing  to                                                               
consider any amendment,  but offered that she does not  see a way                                                               
to structure  opt-outs to allow the  state to go back  and adjust                                                               
the determined opt-out costs.  She  agreed that there is an issue                                                               
when opt-out costs  turn out to not be accurate,  but opined that                                                               
it would be difficult to craft a solution to fix the problem.                                                                   
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  offered that  there could be  a method                                                               
to provide  an opportunity for  communities to come  together and                                                               
issue  a POB  to pay  off  their liabilities  all at  once.   She                                                               
opined that  those communities who  do not participate  would pay                                                               
interest.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON indicated he  is supportive of methods that                                                               
would  help communities  enter a  cost share  system on  an equal                                                               
basis.                                                                                                                          
                                                                                                                                
7:58:31 AM                                                                                                                    
                                                                                                                                
MS. LEA reminded the committee  that each employer's liability is                                                               
valued annually.   She pointed out that  termination liability is                                                               
different  from an  employer's unfunded  liability and  generally                                                               
far exceeds  the employer's unfunded  liability.  If  an employer                                                               
opts out,  the remaining employers  are valued on their  own pool                                                               
of employees and retirees.                                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON  asked if employers  pay less if  they stay                                                               
in the PERS then if they opt out.                                                                                               
                                                                                                                                
MS.  LEA  reiterated  that termination  costs  are  significantly                                                               
different from  an employer's unfunded  liability and that  it is                                                               
important for communities to understand that.                                                                                   
                                                                                                                                
COMMISSIONER DESIGNEE KREITZER opined  that some communities will                                                               
find it  less expensive to stay  in PERS then to  terminate their                                                               
participation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ROSES  suggested that one reason  for establishing                                                               
a consolidated rate is because there  is no mechanism by which to                                                               
allocate employer  assets and  responsibilities once  those funds                                                               
are transferred  to the  retiree reserve  account.   He suggested                                                               
that if there  is a fixed rate, any future  savings or additional                                                               
liabilities could  be accurately allocated  to the state.   Under                                                               
the current  system, the state has  shouldered responsibility for                                                               
the  "lion's  share"   of  costs  for  the   PERS  and  Teachers'                                                               
Retirement System  (TRS).   If a fixed  rate is  established, the                                                               
employers  will  have  the  ability  to  incorporate  into  their                                                               
budgets an approach to reducing their unfunded liability.                                                                       
                                                                                                                                
8:02:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON addressed  the issue  of how  to determine                                                               
rates for communities that have  over or under paid their pension                                                               
liabilities.    He  said  that  currently  63  employers  pay  an                                                               
employer contribution  rate of less  than 22 percent.   Under his                                                               
approach,  those  employers  whose  rates would  increase  to  22                                                               
percent will  receive a contribution  from an asset pool  to help                                                               
them get up  to the 22 percent contribution rate.   This approach                                                               
would help those  employers arrive at the 22 percent  rate over a                                                               
number of years.  For employers  that are now paying more than 22                                                               
percent,  their  total  employer   contribution  rate,  minus  22                                                               
percent, is  calculated to  determine the  "Y percent",  which is                                                               
then  multiplied by  the  employer's  wage base  to  arrive at  a                                                               
dollar amount.   That dollar  amount is transferred to  PERS from                                                               
the  community dividend  revenue sharing  payment.   He suggested                                                               
that the  amount paid out  of revenue  sharing be capped  so that                                                               
communities with  a large unfunded  liability will  still receive                                                               
some revenue sharing  during the time payments are  being made to                                                               
bring their contribution rates down to 22 percent.                                                                              
                                                                                                                                
CHAIR  HAWKER  summarized  that when  the  determination  of  the                                                               
amount  of the  unfunded liability  is made,  it would  result in                                                               
funds being  transferred so  that every  employer's share  of the                                                               
unfunded liability would be adjusted to 22 percent.                                                                             
                                                                                                                                
8:07:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  agreed that is  how he proposes  to assure                                                               
that all  employers become  equivalent partners  in a  cost share                                                               
system.   He  offered that  there  are many  possible methods  by                                                               
which to accomplish this goal.                                                                                                  
                                                                                                                                
CHAIR HAWKER asked how this  approach would benefit any employers                                                               
who are currently paying below 22 percent.                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON replied  that the system would  pick up the                                                               
difference  between  the  employer's  current  rate  and  the  22                                                               
percent rate until the  employer's actuarially unfunded liability                                                               
equals 22 percent.   He opined that there is  a real advantage to                                                               
being in PERS as it offers stability.                                                                                           
                                                                                                                                
CHAIR HAWKER asked whether an  employer's contribution rate would                                                               
be calculated annually as if there was no cost sharing program.                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON explained  that the  calculation would  be                                                               
made  to  determine  the dollar  amount  difference  between  the                                                               
unfunded liability portion and each  employer's share.  This one-                                                               
time calculation  would determine  the payments  to be  made over                                                               
the years.                                                                                                                      
                                                                                                                                
CHAIR HAWKER reiterated  his concern that this  approach does not                                                               
seem  to  provide  a  benefit   to  any  employer  whose  current                                                               
contribution rate is below 22 percent.                                                                                          
                                                                                                                                
8:11:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said that under  a cost share  system, all                                                               
the employer  contributions will be  in one  pool.  He  said that                                                               
cost share  pool will  use off-setting  contributions to  pay the                                                               
difference  between the  current contribution  rate and  the pool                                                               
rate of 22 percent.                                                                                                             
                                                                                                                                
8:12:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  suggested  that  the bill  has  an  effect                                                               
similar to  Representative Seaton's suggested approach  since all                                                               
communities'  rates would  be 31.89  percent  under HB  206.   He                                                               
clarified that  his understanding of  HB 206 is that  an employer                                                               
with a rate  below 22 percent would continue to  pay at its lower                                                               
rate.   However,  he said  that  under his  understanding of  the                                                               
approach put forth by Representative  Seaton, that employer would                                                               
not have  to make payments  until such  time as their  rate would                                                               
equal the 22 percent.                                                                                                           
                                                                                                                                
CHAIR  HAWKER   opined  that,  if  correct,   the  aforementioned                                                               
characterization  would require  an ongoing  dual calculation  of                                                               
the employer's liability.                                                                                                       
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH clarified that at  one point in time an                                                               
amortized payment  schedule would determine how  long an employer                                                               
whose current  rate is  below 22  percent would  not have  to pay                                                               
into the  system.  Once  that amortized credit is  exhausted, the                                                               
employer would pay into the system at 22 percent.                                                                               
                                                                                                                                
REPRESENTATIVE  ROSES said  that  some employers  have over  paid                                                               
into the system.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON explained  that  the  proposed cost  share                                                               
plan does not take into  account the differing employer histories                                                               
that affect liabilities and rates.   He offered that his approach                                                               
presents a  mechanism to allow  for the fact that  some employers                                                               
have under paid, while others have over paid into PERS.                                                                         
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  suggested   that  if  a  municipality                                                               
currently does  not pay 22  percent it  will be hard  to suddenly                                                               
make their  payments at  22 percent.   She suggested  that cities                                                               
must remain  judicious in their  payments so that they  are ready                                                               
to assume payment at 22 percent when necessary.                                                                                 
                                                                                                                                
8:20:01 AM                                                                                                                    
                                                                                                                                
CHAIR   HAWKER   offered   that    a   key   difference   between                                                               
Representative Seaton's approach and that  currently in HB 206 is                                                               
creating surety  for individual employers.   The administration's                                                               
proposal lets the employers' rates  fluctuate.  He indicated that                                                               
there is some  concern that communities will be  unable to absorb                                                               
large  rate   increases.    He  suggested   the  committee  could                                                               
formulate  a letter  of intent  to express  its concern  that the                                                               
administration's proposal does not provide  the desired surety of                                                               
a  fixed or  capped rate.   If  rates continue  to increase,  the                                                               
legislature will  have to continue  to address the  fiscal burden                                                               
on communities, he opined.                                                                                                      
                                                                                                                                
8:23:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  reminded the  committee that the  point is                                                               
not so  much to establish  a set rate, but  to come up  with some                                                               
method  for  employers  to  enter  a  cost  share  system  at  an                                                               
equivalent point.                                                                                                               
                                                                                                                                
CHAIR HAWKER reiterated that the 22  percent rate was picked as a                                                               
convenient number for discussion purposes.                                                                                      
                                                                                                                                
REPRESENTATIVE ROSES noted that  a fixed consolidated rate allows                                                               
for some  long range  planning by employers,  but does  not alter                                                               
their obligation to pay their unfunded liabilities.                                                                             
                                                                                                                                
8:27:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH stated  some concern  with tying  this                                                               
approach  to  revenue  sharing.    She  opined  that  it  may  be                                                               
preferable to  fix the system at  a set point in  time, and offer                                                               
incentives  to  encourage  communities  to  use  bonds  or  other                                                               
methods to reduce their liabilities.   She reminded the committee                                                               
that some communities receive very little revenue sharing funds.                                                                
                                                                                                                                
CHAIR HAWKER suggested that the  letter of intent should identify                                                               
the  main issues  raised and  also  set forth  that any  approach                                                               
resulting  in  a  "winners  and   losers"  system  needs  further                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON said that HB  206 has no language about how                                                               
to address the  issue of "winners and losers" that  will occur if                                                               
the state  adopts a cost share  approach for PERS.   He suggested                                                               
that  a preferable  approach  may be  to  forward something  more                                                               
detailed to the House Finance Committee for its consideration.                                                                  
                                                                                                                                
8:30:41 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER  expressed some concern that  the approach discussed                                                               
today is so  different from HB 206 that it  is really a separate,                                                               
competing  piece  of  legislation  which  would  require  further                                                               
vetting.  However, he reiterated  his willingness to proceed with                                                               
a letter of  intent that will encompass  the committee's concerns                                                               
with HB 206.                                                                                                                    
                                                                                                                                
8:34:21 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER moved  to adopt  a letter  of intent  to the  House                                                               
Finance  Committee  encapsulating  the  main  points  of  today's                                                               
discussions as conceptual Amendment 3.                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion purposes.                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  removed his  objection and there  being no                                                               
further objection, conceptual Amendment 3 to HB 206 was adopted.                                                                
                                                                                                                                
8:38:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  Amendment 2,  25-GH1074\A.1, Wayne,                                                               
4/10/07, which read [original punctuation provided]:                                                                            
                                                                                                                                
     Page 8, following line 14:                                                                                                 
                                                                                                                                
     Insert a new subsection to read:                                                                                           
                                                                                                                                
          "(c)  Notwithstanding AS 39.35.255, added by sec.                                                                     
     5  of   this  Act,  an  employer   that  made  employer                                                                    
     contributions under former  AS 39.35.270 for the period                                                                    
     beginning  July 1,  2002,  and  ending  June 30,  2006,                                                                    
     that,  when combined,  exceed the  minimum required  of                                                                    
     the  employer for  that period  by former  AS 39.35.270                                                                    
     shall  receive a  credit equal  to the  excess and  may                                                                    
     apply   the   credit   toward   payment   of   employer                                                                    
     contributions   under   AS 39.35.255   for   subsequent                                                                    
     years."                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH objected.                                                                                             
                                                                                                                                
8:39:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  explained   that   Amendment  2   allows                                                               
employers to receive a credit  for excess contributions.  He said                                                               
that  if  the  House  Finance   Committee  adopts  some  kind  of                                                               
mechanism to account  for overpayments, Amendment 2  would not be                                                               
needed.  However, if no  mechanism to account for overpayments is                                                               
adopted, then  Amendment 2  provides a  mechanism to  determine a                                                               
credit amount for those employers  who have made extra efforts to                                                               
pay their unfunded  pension liabilities.  The  time period chosen                                                               
is the time for which the  unfunded liability was determined.  He                                                               
noted  that  22 communities  made  extra  payments towards  their                                                               
unfunded liabilities.                                                                                                           
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  suggested that  Amendment 2  should be                                                               
inserted in  a different section of  the bill then stated  in the                                                               
amendment.                                                                                                                      
                                                                                                                                
8:43:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON   withdrew   Amendment  2   and   offered                                                               
conceptual  Amendment 2  which  would have  the  same wording  as                                                               
Amendment 2, but would be  inserted in the most appropriate place                                                               
in HB 206.                                                                                                                      
                                                                                                                                
CHAIR HAWKER  objected for discussion  purposes.  There  being no                                                               
further  objections  or  discussion, Chair  Hawker  withdrew  his                                                               
objection to  conceptual Amendment  2 and it  was adopted  by the                                                               
committee.                                                                                                                      
                                                                                                                                
8:45:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  Amendment  1,  25-GH1074\A.4,                                                               
Wayne, 4/09/07, which read [original punctuation provided]:                                                                     
                                                                                                                                
     Page 7, following line 31:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 15.  AS 39.35.260(b), enacted in sec. 7 of                                                                     
     this Act, is repealed July 1, 2008."                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 8, line 28:                                                                                                           
          Delete "Sections 15 and 16"                                                                                           
          Insert "Sections 16 and 17"                                                                                           
                                                                                                                                
     Page 8, line 29:                                                                                                           
          Delete "sec. 18"                                                                                                      
          Insert "sec. 19"                                                                                                    
                                                                                                                                
CHAIR HAWKER objected for discussion purposes.                                                                                  
                                                                                                                                
8:45:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG opined that  there are many variables to                                                               
consider when determining the merits of  a cost share system.  He                                                               
stated  his  opinion  that  the legislature  should  be  able  to                                                               
revisit these  issues, and  that Amendment  1 would  provide that                                                               
opportunity.                                                                                                                    
                                                                                                                                
CHAIR HAWKER said he has some concerns regarding Amendment 1.                                                                   
                                                                                                                                
8:48:01 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  DESIGNEE KREITZER  opined  that  the provisions  in                                                               
Amendment 1 may  force DOA to renegotiate at a  time that may not                                                               
be  appropriate.   She  suggested that  the  legislature has  the                                                               
ability  to re-visit  issues at  any  time, and  that a  one-year                                                               
sunset provision  would actually be more  constraining by setting                                                               
a specific time to re-visit the issues covered by the bill.                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  set forth that  he is not  committed to                                                               
the  approach in  Amendment 1,  but suggested  there may  be some                                                               
need to follow up on how the cost share provisions are working.                                                                 
                                                                                                                                
COMMISSIONER   DESIGNEE  KREITZER   suggested  that   legislative                                                               
committees  with jurisdiction  over  DOA could  request that  the                                                               
Commissioner  appear to  present information  on the  progress of                                                               
the PERS\TRS issues.                                                                                                            
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  stated she  opposes Amendment 1  as it                                                               
will sunset  section 7 of  HB 206  possibly before debate  on the                                                               
issue is closed.                                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment 1.                                                                                  
                                                                                                                                
CHAIR HAWKER  reminded the committee  that the PERS  liability is                                                               
one of the  paramount issues facing the state and  it will likely                                                               
remain in public view.                                                                                                          
                                                                                                                                
8:54:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH moved  to report  HB 206,  Version 25-                                                               
GH1074\A,   as  amended,   out  of   committee  with   individual                                                               
recommendations and the  accompanying indeterminate fiscal notes.                                                               
There being  no objection, CSHB  206 (W&M) was reported  from the                                                               
House Special Committee on Ways and Means.                                                                                      
                                                                                                                                
[Patrick Shier,  Director, Division  of Retirement  and Benefits,                                                               
was introduced to the committee.]                                                                                               
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Ways and  Means meeting  was adjourned  at                                                               
9:03:26 AM.                                                                                                                   

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