Legislature(2005 - 2006)SENATE FINANCE 532

03/21/2005 09:00 AM Senate FINANCE


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09:03:40 AM Start
10:14:22 AM SB141
10:47:53 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT TELECONFERENCED
Heard & Held
-- Public Testimony on Above Bill --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          March 21, 2005                                                                                      
                             9:03 a.m.                                                                                        
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Green convened the meeting at approximately 9:03:40 AM.                                                              
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice-Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
Also Attending: Public testifiers in Juneau are listed in the                                                                 
minutes in the order in which they testified.                                                                                   
                                                                                                                                
Attending via Teleconference: Public Testimony was presented in the                                                           
order reflected in the minutes.                                                                                                 
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 141-PUBLIC EMPLOYEE/TEACHER RETIREMENT                                                                                       
                                                                                                                                
The Committee heard Statewide public testimony on the bill. The                                                                 
bill was held in Committee.                                                                                                     
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 141                                                                                                        
     "An  Act  relating  to  the  teachers'  and  public  employees'                                                            
     retirement  systems   and creating  defined   contribution  and                                                            
     health  reimbursement   plans  for  members  of  the  teachers'                                                            
     retirement  system and the public employees'  retirement system                                                            
     who  are  first hired  after  July 1,  2005;  establishing  the                                                            
     Alaska Retirement  Management Board to replace the Alaska State                                                            
     Pension  Investment  Board,  the  Alaska  Teachers'  Retirement                                                            
     Board,  and  the Public  Employees'  Retirement  Board;  adding                                                            
     appeals of the decisions  of the administrator of the teachers'                                                            
     and public  employees' retirement  systems to the jurisdiction                                                             
     of the office of administrative  hearings; and providing for an                                                            
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This  was the third  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
ROGER  LIEBNER  testified  via  teleconference  from  Anchorage  and                                                            
voiced concern about the  changes proposed in the bill; specifically                                                            
the damage they  would inflict on public education.  In 1977 when he                                                            
moved to the State, the  education system was growing and improving;                                                            
and salaries and  the retirement plan were competitive  "relative to                                                            
the  Lower 48".  However,  teachers' salaries  today  are no  longer                                                            
competitive. Because it  is currently difficult to recruit teachers,                                                            
"many back door"  alternative paths to teaching have  been developed                                                            
"to circumvent  traditional  employee standards  … primarily  in the                                                            
Bush area". Recently adopted  legislation would assist in continuing                                                            
the  practice  of hiring  retired  teaching  professionals  to  fill                                                            
vacant  positions.  While this  bill seeks  to establish  a  Defined                                                            
Contribution  Plan (DCP)  similar to those  of private enterprises,                                                             
non-competitive  salaries  and the "deteriorating  retirement  tiers                                                            
would  further   compound  the  employment   picture".  The   Public                                                            
Employees  Retirement  System (PERS)  currently  has a Supplemental                                                             
Benefit System  (SBS) component that the Teachers  Retirement System                                                            
(TRS) does not have. This bill is bad legislation.                                                                              
                                                                                                                                
Co-Chair Green  requested testimony to be limited  to three minutes.                                                            
                                                                                                                                
PAT WELLINGTON,  Member,  Public Employees  Retirement System  Board                                                            
and Alaska  State Pension  Investment Board  (ASPIB), testified  via                                                            
teleconference  from Anchorage  and recounted  that his 50-years  of                                                            
service  to the State  included being  a United  States Marshall,  a                                                            
State Trooper, the Commissioner  of the Department of Public Safety,                                                            
and fire  department service.  He spoke to  reports that infer  that                                                            
the current  governing structure  of the  PERS, Teachers  Retirement                                                            
System  (TRS), and  ASPIB boards  "are responsible  for the  current                                                            
actuarial shortfalls.  These inferences are totally  without merit…"                                                            
He  shared the  credentials  of  the seven  PERS/TRS  board  members                                                            
appointed  by Governor  Frank  Murkowski.  ASPIB board  members  are                                                            
likewise  "distinguished",  as are  the three  advisors they  hired.                                                            
"Last fiscal year, ASPIB  earned 15.1-percent on its investments and                                                            
last  month ASPIB  was  selected by  Institutional  Investors  Money                                                            
Management  Organization  as  one  of the  three  outstanding  large                                                            
public pension  investment  funds in the nation".  In light  of this                                                            
success, he questioned  the reason the Board should  be changed. The                                                            
inference that  these boards have  contributed "in some way"  to the                                                            
actuarial shortfall  is erroneous. The Legislature,  rather than the                                                            
Boards,  established the  benefit  structures. "The  Boards and  the                                                            
elected  members,  in particular,  have  a  vested interest  in  the                                                            
financial  soundness of  the fund".  The inference  that the  Boards                                                            
established  "lower  contribution  rates  than  recommended  by  the                                                            
Actuarial, is preposterous and flies in the face of logic".                                                                     
                                                                                                                                
Mr. Wellington stated that  further research would reflect that "the                                                            
adopted contribution rate brought both systems to 95 and 100-                                                                   
percent  funding  ratios  in 2000  and  2001.  It wasn't  until  the                                                            
actuarial assumptions  were changed  in 2002 that the funding  ratio                                                            
dropped 20-percent.  The TRS and PERS Board rely on  experts" and he                                                            
questioned  whether the proposed Board  would ignore expert  advice.                                                            
Changing  the  Board structure  would  not  improve  decisions.  The                                                            
Department  of Administration,  without exploring  alternatives  and                                                            
without  a draft bill,  desired that  the Boards  adopt a new  plan.                                                            
While  this bill  provides  details,  he  asked how  thoroughly  the                                                            
process has  been investigated. This  bill should advance  a new DCP                                                            
"only after" the following  four questions could be answered: were a                                                            
police  officer, trooper,  or  fireman with  four  years of  service                                                            
killed in line  of duty, what benefits would be available  to his or                                                            
her survivors;  were a correctional  officer assaulted and  disabled                                                            
how would the  DCP address his or her disability;  were a teacher or                                                            
principal  killed or  disabled  in the  line of  duty what  benefits                                                            
would be available  to his or her  survivors; and four; "what's  the                                                            
rush" as  the funding  status "has  been worse off  in the past  and                                                            
recovered to 100  percent funding". He declared that  the picture is                                                            
not always as depicted.                                                                                                         
                                                                                                                                
JIM DUNCAN,  Business Manager,  Alaska State  Employees Association                                                             
(ASEA)/AFSCME  Local 52 testified via teleconference  from Anchorage                                                            
"in strong  opposition to this legislation  and the impact  it would                                                            
have on current" and future  employees. The real or perceived under-                                                            
funding status  of the funds  should be addressed  by "very  serious                                                            
and comprehensive  review before this  legislation progresses".  The                                                            
causes of the  situation are the stock  market decline that  was not                                                            
projected  by the  Actuary;  health care  cost increases  "that  the                                                            
actuaries  failed to  project accurately";  and  changes in  retiree                                                            
demographics  as  retirees  are  living  longer.  Current  employees                                                            
should not be held responsible:  they did not cause or control these                                                            
situations. Nonetheless,  this legislation is asking  that they pay.                                                            
There would  be "a  direct impact"  on employees'  status of  living                                                            
were  employee  contributions  to increase  by  up to  five  percent                                                            
annually. ASEA  members' most recent pay increase  was three percent                                                            
in December 2002 and an  additional 1.5 percent might be forthcoming                                                            
in July 2005. This 4.5  percent increase in 2.5 years would not keep                                                            
pace with  cost of  living increases.  This  legislation would  also                                                            
require employees to increase  their contribution by five percent as                                                            
of July 1, 2005. Employees "would be taking a step backwards".                                                                  
                                                                                                                                
Mr. Duncan stated that  this legislation would move future employees                                                            
from a  Defined Benefit Plan  (DBP) to a  Defined Contribution  Plan                                                            
(DCP). This would  be asking "future employees to  roll the dice and                                                            
place their retirement  at risk without surety as to what they would                                                            
have when"  upon retirement.  Finally, this  legislation would  have                                                            
negative  impacts  on the  State's  ability  to retain  and  recruit                                                            
employees.                                                                                                                      
                                                                                                                                
Mr.  Duncan   urged  the  Committee   to  solicit  "an  independent                                                             
verification"  regarding "whether  the amount of under-funding  that                                                            
is now  asserted is  correct" as  well as to  determine what  future                                                            
contribution  level would "be required  to offset the problem"  were                                                            
one to  exist. In addition,  the impact on  the current PERS  system                                                            
should  be evaluated  to determine  whether it  might experience  "a                                                            
sudden decrease  in the pool  of the individuals  who contribute  to                                                            
it". The impact  would be significant were all employees  moved to a                                                            
new  DCP and  no longer  contributing  to  the current  DBP  system.                                                            
Careful evaluation  of the  proposed system  on the recruitment  and                                                            
retention of employees  should be conducted, as he believed it would                                                            
have a negative  impact on employment and therefore  State services.                                                            
He  warned  that  this  legislation  might  be unconstitutional   in                                                            
regards  to  language  that  would  require   current  employees  to                                                            
increase their  contribution levels. Further clarification  of these                                                            
concerns should be conducted before the legislation advances.                                                                   
                                                                                                                                
     (b) The maximum increase in the contribution rate for a member                                                             
     from one year to the next may not be more than five percentage                                                             
     points, as actuarially calculated.                                                                                         
                                                                                                                                
Senator Stedman pointed  out that the employee contribution language                                                            
referenced  by Mr. Duncan  is located in  Section 8(b), page  seven,                                                            
lines 22 and  23 of the bill. It is  anticipated that this  language                                                            
would be eliminated  from the bill,  as the rate would be  difficult                                                            
to calculate.  As  is, the  language is  applicable  to a  potential                                                            
split of the Normal  Cost Rate of "the benefits being  accrued today                                                            
or  tomorrow,"  and  not  the  unfunded  liability.   Currently  the                                                            
employer/employee  contribution  split of  the Normal  Cost Rate  is                                                            
two-thirds  and  one-third,  respectfully.  The  contribution  split                                                            
should be further discussed  with consideration given to changing it                                                            
to a 50/50  split. Were  this to occur,  the total maximum  increase                                                            
for the  employee  would equate  to approximately  a  two or  three-                                                            
percent  increase. This  would  be "a far  cry from  five". At  this                                                            
time,  it is uncertain  whether  a change  to the  Normal Cost  Rate                                                            
would be  included in the  final version  adopted by the  Committee.                                                            
"Clearly, there  is no intent of increasing  employee contributions                                                             
to pay for the five billion [dollar] Past Service liability".                                                                   
                                                                                                                                
Co-Chair Green stressed  that Version 24-LS0637\G of the bill is the                                                            
beginning  draft document.  Testifiers  are encouraged  "to  provide                                                            
input  and serious  suggestions  for  amendments  and re-writes"…in                                                             
order to assist  the Committee in solving "what is  seen as a fairly                                                            
impressive problem".                                                                                                            
                                                                                                                                
Senator  Bunde  asked  that  people contemplate   an answer  to  the                                                            
question that,  were the plans' beneficiaries  "not responsible  for                                                            
the cost of the program, who should be".                                                                                        
                                                                                                                                
Senator  Dyson  asked  whether  ASEA  would  support  utilizing  the                                                            
Earnings Reserve Account  (ERA) to fund the shortfall, were the five                                                            
billion dollar shortfall verified.                                                                                              
                                                                                                                                
Mr. Duncan  commented that,  in addition  to accurately determining                                                             
the amount  of the shortfall,  exploration  as to whether the  State                                                            
would have any "recourse  against the actuaries who did not identify                                                            
the  changing variables"  affected  by  the decreased  stock  market                                                            
impact, the rising costs  of health care, and other variables. There                                                            
is responsibility  on the part of  the actuaries to use "the  proper                                                            
variables  and adjust the  requirements  accordingly". In  addition,                                                            
"there is historical precedent  for the Legislature recognizing that                                                            
beneficiaries"  are not the cause of the problem and  "should not be                                                            
asked to  pay for it".  It was determined  that employees should  be                                                            
held harmless.  He urged for that precedent to be  maintained. It is                                                            
the job  of the Legislature  to determine  a funding source  for the                                                            
unfunded  liability.  These items  should  be a  consideration  when                                                            
considering this legislation.                                                                                                   
                                                                                                                                
Senator  Dyson agreed  that  verifying the  amount  of the  unfunded                                                            
liability; determining  whether there is any course of recovery; and                                                            
determining  how  to pay  for the  under-funding  is  the course  of                                                            
action to take. He asked  that ASEA consider the option of utilizing                                                            
money from the Permanent  Fund Earnings Reserve Account to assist in                                                            
funding the shortfall.                                                                                                          
                                                                                                                                
JAY DULANY, Retired State  Employee and Former Director, Division of                                                            
Motor  Vehicles,   Department  of   Administration,  testified   via                                                            
teleconference from Anchorage  because he has "a vested interest" in                                                            
this subject. While the  total unfunded amount might be in question,                                                            
there is "no doubt that  the retirement system is under-funded". The                                                            
cause of the situation  is the downturn in the Financial  Market and                                                            
the increases  in health care costs.  The downturn in the  Financial                                                            
Market  has  affected  a  lot  of people  as  well  as  the  State's                                                            
Permanent  Fund holdings.  While the Legislature  has chosen  not to                                                            
get involved with  the Permanent Fund, it has chosen  to address the                                                            
retirement  system. This  bill would  make changes  to "a  perfectly                                                            
good system"  that anyone  in either "the  public or private  sector                                                            
could  be   proud  of".   The  changes  being   proposed,   such  as                                                            
establishing a Super Board,  make no sense. He spoke favorably about                                                            
the  current  board members'  qualifications.   The bill  would  not                                                            
address the under-funding  situation, and in fact,  "exacerbates the                                                            
situation by removing  all new hires from the system  so there would                                                            
be no new contributions." He urged the bill to be "scraped".                                                                    
                                                                                                                                
LARRY  SEMMENS,  Finance  Director,  City of  Kenai,  testified  via                                                            
teleconference  from Kenai  and commended  Senator  Stedman "on  his                                                            
masterful  presentation   of  this  complex  data".   The  issue  is                                                            
complicated and other factors  beyond the decreased financial market                                                            
investment value have contributed  to the problem. The City of Kenai                                                            
has and  would continue to  struggle to budget  for the current  and                                                            
future employer contribution  increases. Unless the proposed changes                                                            
in this bill are  enacted, the City would be required  to reduce its                                                            
staff. There  would be no alternative.  He questioned the  inclusion                                                            
of the cost-of-living calculation  specified on page 66 of the bill,                                                            
as  surely the  retirees  who are  currently  covered  would not  be                                                            
supportive of  that language. The City participated  in the PERS/TRS                                                            
Tier  Review questionnaire  that  was  conducted and  indicated  its                                                            
support for a  DCP. While he voiced being uncertain  as to whether a                                                            
11.5 percent contribution  level would be sufficient,  its inclusion                                                            
in the discussion is welcome.                                                                                                   
                                                                                                                                
Senator  Olson  asked,   for  clarification,  whether   Mr.  Semmens                                                            
supported the legislation.                                                                                                      
                                                                                                                                
Mr. Semmens replied  that at this point in time, it  is too early to                                                            
provide   a   definitive   response.   He   would   appreciate   the                                                            
Legislature's  willingness to review all of the alternatives.  While                                                            
this bill is presenting  a lot of alternatives, he is concerned that                                                            
it might  "be biting off  more than should  be chewed at one  time".                                                            
Continuing,  he noted that  some of the ideas  such as creating  one                                                            
Board  to  manage  both the  liabilities  and  the  assets  are  "on                                                            
target". However,  he noted that, "the ASPIB Board  is doing a great                                                            
job". The question  is whether the proposed nine-member  Board would                                                            
possess the expertise required to manage these investments.                                                                     
                                                                                                                                
SAM TRIVETTE, President,  Retired Public Employees of Alaska (RPEA),                                                            
testified via  teleconference from Anchorage on behalf  of those who                                                            
have retired  from public  service in the  State. He shared  that he                                                            
and other  organization  members have  attended  PERS/TRS and  ASPIB                                                            
board meetings for several  years. The organization closely monitors                                                            
Legislative  hearings  on  these subjects.  There  has  been  little                                                            
testimony from either current  or recent past Board members or staff                                                            
consultants  in regards to this legislation.  Those involved  in the                                                            
Boards  over the  past  ten years  could  provide "a  more  complete                                                            
picture  of what  and why  decisions  were made".  The organization                                                             
recommends  that  an invitation  be  extended to  those individuals                                                             
"now" in  order to acquire  more complete  information "on  which to                                                            
base  new  legislation"  rather  than  to  continue  with  the  bill                                                            
sponsors'   "misconceptions  about   how  the  Boards  work,   their                                                            
processes,  and why  certain decisions  are made".  "Blame has  been                                                            
heaped on the  Boards for financial  issues" that were beyond  their                                                            
control"  such  as  the downturn  in  the  economy,  rising  medical                                                            
expenses, and the actuarial assumptions.                                                                                        
                                                                                                                                
Mr. Trivette  continued  that,  "the Boards  are very  aware of  the                                                            
underfunding  and the  increased  costs" and  "have  taken steps  to                                                            
contain the  costs they can  control". One  example was the  Boards'                                                            
successful endeavor to  get employees to utilize generic rather than                                                            
name brand drugs. "The  sponsors of the legislation acknowledge that                                                            
the  bill would  not address  any  of the  problems  of the  current                                                            
underfunding".  There is no guarantee  that a new Board would  bring                                                            
any more experience or  expertise than the current Boards and "their                                                            
very competent  staff and professional  consultants have".  If there                                                            
was an easy  solution, another "large  pension fund in the  Lower 48                                                            
would  have discovered  it  by  now". Medical  cost  increases  have                                                            
lowered from double-digit  numbers to less than ten percent. Part of                                                            
that is the  result of the hard work  of the PERS/TRS Boards,  Aetna                                                            
Insurance,  and  cooperative  efforts  with retiree  organizations.                                                             
Trust Fund returns  have exceeded the actuarial assumptions.  "Don't                                                            
fix what is not broken".                                                                                                        
                                                                                                                                
Mr. Trivette  opined that in his experience  of working with  boards                                                            
and commissions  in both the public and private sector,  it would be                                                            
difficult for  one Board with nine  members to undertake  the volume                                                            
of work that  the 18 people on the  three boards currently  conduct.                                                            
Little attention  has been paid to the demands that  would be placed                                                            
on the Board members.  Another important task of the  PERS/TRS Board                                                            
is the appeal hearings  of the Division's Administrator. The members                                                            
"have  first  hand knowledge  of  retiree,  employer,  and  employee                                                            
issues". They  issue fair decisions based on decades  of experience;                                                            
"the system  is working.  Look at their decisions.  Their record  is                                                            
excellent". RPEA would  be recommending to its 28,000 Alaska retiree                                                            
members  as  well  as  active  public  employees,  that  efforts  be                                                            
furthered  to defeat  this bill.  A bill  should  be developed  that                                                            
would  provide real  solutions. He  reiterated  the suggestion  that                                                            
current and former  PERS/TERS and ASPIB Board Members  be invited to                                                            
assist in the development  of ideas. He himself has developed a list                                                            
of things that  could further the effort to save money  and help the                                                            
fund improve.                                                                                                                   
                                                                                                                                
Co-Chair Wilken  commented that, as a Legislator,  it is his job "to                                                            
try to fix a system …that  is broken". "The wheels may not be coming                                                            
off the  wagon but  the lug-nuts  are loose  and that's  why we  are                                                            
sitting here". The Legislature  was unaware there was a problem with                                                            
the systems  until 15 months  ago. In addition  to the $170  million                                                            
bill the Legislature  was "handed",  "we're being told that  for the                                                            
next  twenty years,  we'll  be asked  to contribute"  50-percent  of                                                            
teachers'  salaries  and approximately  30  or 35-percent  for  PERS                                                            
employees to  a retirement system.  "I think it is broken.  There is                                                            
plenty of  blame to go around,  and part of  the blame rests  on the                                                            
Boards". "It is perfectly  wise for us and proper for us to question                                                            
the involvement  of  everyone from  the actuarials  to the  boards".                                                            
When faced  with a $170  million bill "and  a daunting contribution                                                             
rate",  there  is something  broken".  Numerous  revisions  to  this                                                            
legislation would  be expected. "For you" and others  "to defend the                                                            
boards' lack of  involvement or lack of blame in this"  is "a little                                                            
bit distressing".  He would  prefer to hear  statements such  as "we                                                            
did the  best we  could, we  have a system  that  today is going  to                                                            
burden,  if not changed,  the people  of Alaska  for a generation".                                                             
This is the task  being undertaken by the Legislature.  "The Boards'                                                            
hands are not  clean". We need help  in fixing this. The  Boards are                                                            
going "to change because the current system doesn't work".                                                                      
                                                                                                                                
PEGGY  COWAN,  Superintendent  of Schools,  Juneau  School  District                                                            
(JSD), testified in Juneau  and voiced appreciation for the Senate's                                                            
leadership  in  the  effort  to  address  the  PERS/TRS   retirement                                                            
concerns. While the JSD  Board of Education has not, of yet, taken a                                                            
formal position  on the bill, her "initial concerns"  about the bill                                                            
include its  possible impact on teacher  retention and recruitment.                                                             
"Quality  teaching",  learning, and  instruction  depend on  quality                                                            
teachers, instructors,  and staff ". At past teacher recruitment job                                                            
fairs, the  JSD had long  lines of people  interested in working  in                                                            
Juneau;  however,  that  is  no longer  the  case  even  though  the                                                            
District and  community have strong  attributes. "It is no  longer a                                                            
buyer's  market".  Research   must  be conducted   to  compare  this                                                            
proposal  to retirement benefits  in other  states. This would  be a                                                            
key  element in  attracting  new employees.  "The  linkage" of  this                                                            
complex bill to the base  student allocation "is concerning". As per                                                            
her previous  testimony  before the  Committee in  regards to  HB 1-                                                            
INCREASE AMT OF  BASE STUDENT ALLOCATION, its proposed  base student                                                            
allocation  (BSA)  of  $4,919  would  be  inadequate  for  the  JSD.                                                            
Therefore,  as this legislation  proceeds,  consideration should  be                                                            
provided to increasing the BSA amount.                                                                                          
                                                                                                                                
Senator  Bunde, a  former teacher,  commented that  when he  taught,                                                            
there were  more teaching jobs available  than there were  teachers;                                                            
thus teachers  could pick  and choose where  they desired to  teach.                                                            
"The cycle  goes up and down and back  and forth". He asked  whether                                                            
other  states are  also experiencing  lower  applicants  at the  job                                                            
fairs.                                                                                                                          
                                                                                                                                
Ms. Cowan affirmed that,  "it is a nationwide issue". To that point,                                                            
Alaska should be striving  to position itself as best possible. Some                                                            
states provide  incentives  such as a $10,000  signing bonus.  While                                                            
Alaska does not have the  funds to compete in that regard, its "good                                                            
retirement  system has been  one of the carrots  that we have  had".                                                            
While  acknowledging  that the  underfunding  issue  is of  concern,                                                            
efforts should  be made to make changes  that would allow  the State                                                            
to remain competitive.                                                                                                          
                                                                                                                                
Senator Bunde hoped that  Ms. Cowan shared the Legislature's concern                                                            
in this matter, for "if  things continue the way they are, for every                                                            
two new  teachers  you hire,  eventually,  there's a  third one  you                                                            
won't be able  to hire because of  the monies" the schools  would be                                                            
required  to contribute  to the  retirement system.  In 1975,  there                                                            
were  a  total  of 20,000  State  employees,  "including   teachers,                                                            
supporting  1,700  retirees.  Last  year, there  were  43,000  State                                                            
employees supporting 28,000  retirees". Were this trend to continue,                                                            
there would be concern  that the ability to hire new people would be                                                            
challenged.                                                                                                                     
                                                                                                                                
Ms. Cowan  reiterated her  appreciation for  the efforts to  address                                                            
the  retirement  system  issue. The  JSC,  with  both PERS  and  TRS                                                            
employees,   must  address  the  retirement   funding  issue   while                                                            
continuing   to  provide  a  strong   but  affordable  benefit   and                                                            
retirement system.  She applauded the fact that the  Legislature has                                                            
increased  funding to education;  however  acknowledged that  it was                                                            
used to support  the retirement systems rather than  the classrooms.                                                            
Increasing money  to the classrooms is required in  order to improve                                                            
student education opportunities.                                                                                                
                                                                                                                                
BRUCE   LUDWIG,   Business   Manager,   Alaska    Public   Employees                                                            
Association/American  Association  of Teachers  testified in  Juneau                                                            
and thanked "Senator  Stedman for making a very complicated  subject                                                            
fairly easy to understand".  He "lauded the goals" identified by the                                                            
Committee  in  this  regard;  however,   he  opined  that  the  most                                                            
important  goal,  that  being  the  "recruitment  and  retention  of                                                            
qualified   people",   was  missed.   The   Association   represents                                                            
approximately  8,000 active and 3,000  retired employees  throughout                                                            
the State.  Recruitment  efforts have  been difficult  for the  past                                                            
five  years,  specifically   in regards   to  State  Troopers,  fish                                                            
biologists, engineers,  or nursing positions. Scientific  fields are                                                            
"particularly  difficult" to recruit.  The biggest and perhaps  "the                                                            
only  benefit"  of a  good retirement  system,  from  an  employer's                                                            
viewpoint,   is  its  ability  to   attract  and  retain   "quality"                                                            
employees.  Few states have DCPs,  as they are not as attractive  to                                                            
employees  as DBP.  People for  the most  part "are  not  individual                                                            
investors".  The  decline in  the  stock market  is  the reason  the                                                            
systems  and everybody's   "in the  hole  right now".  In  addition,                                                            
health care costs are increasing  at "astronomical rates". This must                                                            
be addressed at  the national level as it is affecting  individuals,                                                            
worker's compensation, and a wide range of other issues.                                                                        
                                                                                                                                
Mr. Ludwig  stated that the  Association is  very opposed to  a DCP.                                                            
"More bang  for the buck" is provided  with a DBP than a  DCP. A DCP                                                            
does not  provide disability  or death benefits,  and absent  these,                                                            
the  burden would  fall  on the  State  through Medicare  and  would                                                            
further burden  the Workers Compensation  system. The bill  does not                                                            
address the five  billion dollar deficit. It "does  not fix it, it's                                                            
a past debt". "Throwing  the baby out with the bath water is not the                                                            
answer".                                                                                                                        
                                                                                                                                
Senator  Stedman   stated  that  it  would  be  beneficial   to  the                                                            
discussion  were those  who feel  that  a DCP rate  structure  would                                                            
negatively  affect  recruitment  and retention  efforts  propose  an                                                            
alternative recommendation  to the contribution rate  structure that                                                            
would  allow employers  to remain  competitive.  The bill  currently                                                            
proposes an approximate 8.25 percent rate.                                                                                      
                                                                                                                                
Co-Chair Wilken, responding  to Mr. Lugwig's comments, clarified for                                                            
the record,  that it  is a common  misconception  that the  system's                                                            
current deficit was the  result of a decline in the stock market. In                                                            
reality,  the  stock market  underperformed  the  State's  portfolio                                                            
projections  by  four  percent  for  20-months".   Other  than  that                                                            
timeframe, the return met or exceeded actuarial projections.                                                                    
                                                                                                                                
Co-Chair  Wilken asked  whether the  Association  could provide  any                                                            
data to reflect  to what extent the  retirement plan is a  factor in                                                            
the State's ability to recruit employees.                                                                                       
                                                                                                                                
Mr. Ludwig was uncertain that such data was available.                                                                          
                                                                                                                                
Co-Chair  Wilken  stated that  the  argument that  a  DCP would  not                                                            
attract  employees  has  been voiced  numerous  times.  However,  no                                                            
supporting  data has been provided  to reflect that "the  retirement                                                            
system   is  a  major   contributing"   factor   to  the   decision;                                                            
specifically  to  first  time  hires.  He  also  asked  whether  any                                                            
Association members  participate in the Supplemental  Benefit System                                                            
(SBS) program.                                                                                                                  
                                                                                                                                
Mr. Ludwig affirmed that there are members in the SBS program.                                                                  
                                                                                                                                
Co-Chair  Wilken   voiced  that  the   SBS  program  is   a  defined                                                            
contribution.  He  asked  whether  there  would  be  any  comparison                                                            
between the SB 141 proposal  and the SBS program; in other words, do                                                            
those members "generally support the SBS plan".                                                                                 
                                                                                                                                
Mr. Ludwig  responded  that they do;  however, there  is a DBP  plan                                                            
"backing them up". He noted  that his personal retirement is similar                                                            
to the SB 141  proposal, and he "can't  come close to PERS  or SBS".                                                            
"SBS has had a phenomenal performance".                                                                                         
                                                                                                                                
Senator  Bunde  shared   that  several  of  his  constituents   have                                                            
experienced similar employee  recruitment difficulties as the State.                                                            
He also recalled  that when he initially began teaching,  his salary                                                            
range was a "far  more important" consideration than  the retirement                                                            
benefit, as  at the time that issue  was at least 25 years  into the                                                            
future.  To that  point,  he  pondered "which  has  greater  impact;                                                            
beginning  salaries or  retirement benefits  … every  dollar we  put                                                            
into retirement  is a dollar we can't put into beginning  salaries".                                                            
While understanding that  pertinent data is currently unavailable in                                                            
this regard, he  asked for suggestions as to how this  data could be                                                            
obtained.                                                                                                                       
                                                                                                                                
Mr. Ludwig  responded that the average  person does not think  about                                                            
retirement until they are  35 to 40 years of age, and that, prior to                                                            
that time,  the salary  range is  of primary  interest. However,  he                                                            
stressed  that whatever  plan is  developed must  "be attractive  to                                                            
everybody",  as the State  hires at all "strata  of the workforce":                                                             
entry, middle,  and upper  level positions.  He noted that a  DCP is                                                            
attractive  to younger people  and a DBP appeals  to the middle  and                                                            
older worker. The SBS is an additional benefit.                                                                                 
                                                                                                                                
Senator Hoffman  characterized  the DCP as  "the suitcase plan"  as,                                                            
were an employee  to leave State employment,  they could  move their                                                            
benefits with  them. However, the concern is that  were the employee                                                            
to seek employment with  another state, the portability factor would                                                            
not be considered  a benefit as few other states have  adopted DCPs.                                                            
In addition,  the portability aspect  of a DCP should be  of concern                                                            
as the State could  exacerbate its current recruitment  difficulties                                                            
by  losing  long  term,  experienced  employees  who  might  acquire                                                            
employment  with another  state. Continuing  the  current DBP  would                                                            
assist in stopping the "brain drain".                                                                                           
                                                                                                                                
Mr. Ludwig  agreed  that the  DBP "is  an anchor  that keeps  people                                                            
here".  A recent public  safety  employees' salary  study [copy  not                                                            
provided] conducted  by David Reaume, indicated that  these salaries                                                            
"have  fallen behind  all other  jurisdictions".  The high  salaries                                                            
that Alaska  offered in previous years  have declined and  the State                                                            
now offers "middle of the  road salaries". Because people could earn                                                            
more money working  elsewhere, a good retirement benefit  package is                                                            
crucial in attracting employees.  The private sector benefit package                                                            
is  predominately  a 401(k)  program;  public sector  employment  is                                                            
primarily  a defined  benefit program.  This is  "one of the  things                                                            
that attracts people to public service".                                                                                        
                                                                                                                                
Senator  Hoffman  expressed  support   for  addressing  the  State's                                                            
retirement system's  unfunded liability and noted  that his comments                                                            
should  not be  misconstrued  as  opposing  changes to  the  State's                                                            
retirement  benefits.  He  noted however,  that  the State  is  "far                                                            
better off than three-fourths  if not more of the states' retirement                                                            
programs  as they  presently  exist". Such  things  as changing  and                                                            
unifying the Board  structures should be the first  step rather than                                                            
making  "massive changes  when everyone  agrees we  need to look  at                                                            
recruitment and retention  as a major factor in anything we do. This                                                            
legislation  might be too big of a  step all at once". Perhaps  this                                                            
sort of legislation should  be developed incrementally. While noting                                                            
that  this  legislation   does  not  address  the  plans'   unfunded                                                            
liability, "something must be done".                                                                                            
                                                                                                                                
Senator Bunde  voiced that there are two sides to  every coin. While                                                            
there is concern  that the portability of the DCP  could result in a                                                            
brain drain, another factor  that should be considered is that those                                                            
who might leave  are "sour on Alaska"; they are "burnt  out" and are                                                            
simply "handing around"  until they reach retirement. Allowing those                                                            
individuals to leave might be a good thing.                                                                                     
                                                                                                                                
Co-Chair Green considered  the portability of the plan a benefit, as                                                            
demographic  studies indicate  that rather  than people working  for                                                            
one  employer  for  decades,  the  trend   is  to change   employers                                                            
approximately every seven  to ten years. She voiced appreciation for                                                            
the multitude  of  good ideas and  suggestions  have been  presented                                                            
today,  and asked  that those  who  testified provide  specifics  in                                                            
writing. She reiterated  that this legislation is in its infancy and                                                            
the  bill's  sponsor  and  the  Committee  "are  very  open  to  the                                                            
conversation".  Finance  Committee  members  are "very  worried  and                                                            
troubled  that every  time  the increase  for  the current  year  is                                                            
talked about,  we are the  deep pocket; regardless  of which  public                                                            
agency  is involved.  There is  the expectation  that  the State  of                                                            
Alaska is going  to continue to fund  shortfalls and increases  each                                                            
year. She warned that this  would not be the case. Alternatives must                                                            
be developed.  The  systems must  be prioritized,  reorganized,  and                                                            
improved to include  mechanisms such things as health  reimbursement                                                            
programs, efficiencies,  and cost savings. Individual employees must                                                            
be involved in addressing  their health care and savings issues, for                                                            
the State  of Alaska  would not continue  to be  the lone source  of                                                            
funds for  the plans.  Therefore, everyone  should contemplate  what                                                            
should  occur  in  this legislation  to  improve  the  systems.  She                                                            
garnered  that similar  concerns about  retention  and other  issues                                                            
occurred  when the implementation  of Tier  2 and Tier 3 were  being                                                            
discussed.                                                                                                                      
                                                                                                                                
Senator  Olson asked  Mr. Ludwig his  view about  creating a  single                                                            
nine-member board to manage  the plans: specifically his thoughts on                                                            
its proposed membership.                                                                                                        
                                                                                                                                
Mr. Ludwig recommended  that the PERS/TRS participants  and retirees                                                            
elect the PERS/TRS employee representatives on the Board.                                                                       
                                                                                                                                
In response to  a question from Senator Olson, Mr.  Ludwig clarified                                                            
that the current proposal  would have those members appointed by the                                                            
Governor.                                                                                                                       
                                                                                                                                
Co-Chair  Green  understood  therefore,  that Mr.  Ludwig's  concern                                                            
regards the Board members appointment process.                                                                                  
                                                                                                                                
Mr. Ludwig  concurred and  stated that the  complaints he has  heard                                                            
are contrary to the complaints  the Legislature is hearing. There is                                                            
concern that  the PERS/TRS  Board would not  approve such things  as                                                            
occupational disability.                                                                                                        
                                                                                                                                
Co-Chair  Green asked  Mr.  Ludwig whether  he thought  "it  strange                                                            
that"  neither  a  Board  nor  a  Board  member   had  notified  the                                                            
Legislature  about  the  underfunding  issue  until it  had  reached                                                            
gigantean proportions.  Last year, the Committee asked  the PERS/TRS                                                            
Boards "to  go forth  and create a  list of things  that we  need to                                                            
change, what  can we do in Legislation  to help make it better,  and                                                            
consider  a Tier  4  plan".  A PERS/TRS  Board  subcommittee  worked                                                            
diligently  to  address the  issues  and  develop a  plan;  however,                                                            
neither  Board supported  it. Consequently,  the  Committee did  not                                                            
receive any suggestions  or recommendations. "The  status quo is not                                                            
satisfactory".                                                                                                                  
                                                                                                                                
Co-Chair  Green reiterated  her appeal to  testifiers that  specific                                                            
suggestions  or changes  in  the legislation  be  provided.  Senator                                                            
Stedman, the bill's sponsor, "is ready to work".                                                                                
                                                                                                                                
JOHN BROWN,  President, Fairbanks  Central Labor Council,  testified                                                            
via  teleconference   from  Fairbanks   to  address  the   long-term                                                            
consequences  a DCP would  have on  the State.  Were the Members  to                                                            
research a  401(k) per capital distribution  plan, they would  learn                                                            
that a DCP  "is not a pension and  it never would be for  90-percent                                                            
of the people  out there". This is  worrisome in its regard  to both                                                            
employee  retention and "the  economic wellbeing  of our State"  and                                                            
its citizens.  Statistics indicate that instead if  saving the money                                                            
in their Defined  Contribution Plan  for retirement, people  utilize                                                            
it to purchase  such things  as a house, a  vacation, or a  new car.                                                            
Changing  to  a  DCP  "would  do  nothing   to solve   the  unfunded                                                            
liability"  of the current  plans, and, in  the future, a DCP  would                                                            
result  in fewer  people  being able  to  financially  take care  of                                                            
themselves in retirement.  Society and governments would be required                                                            
to assist them.  "This is a big mistake: there are  hundreds of ways                                                            
to  address  the unfunded  liability".  While  being  unprepared  to                                                            
provide specifics  at this moment,  he avowed that a DCP  would be a                                                            
huge mistake" for the State  "economically and socially". Currently,                                                            
more than  $50 million a  month is received  in the State through  a                                                            
DBP. "That  is a huge impact". Were  the State "to switch  to a DCP,                                                            
over time, it  would result in the loss of "a huge  economic engine"                                                            
to the State.                                                                                                                   
                                                                                                                                
Co-Chair  Green requested  further  explanation  about how  changing                                                            
from a  DBP to  a DCP could  negatively  impact the  economy of  the                                                            
State.                                                                                                                          
                                                                                                                                
Mr. Brown  expressed that,  in a DCP,  people tend  not to save  and                                                            
retain their  money toward  retirement. Therefore,  a DCP would  not                                                            
create  the "kind  of wealth  that a DBP  does". He  noted that  the                                                            
Operating Engineers Association  Plan has accumulated a total of two                                                            
billion dollars.  Ten-percent  on that amount  is a "huge amount  of                                                            
money".  In contrast,  individual  investors would  not "leave  that                                                            
money there  to build  up; it doesn't  make that  kind of rollup  on                                                            
interest rates when you  have a good year". While acknowledging that                                                            
PERS must address its unfunded  liability, he declared that there is                                                            
time available  in which  it could address  its unfunded  liability;                                                            
however,  were the plan  changed and monetary  contributions  to the                                                            
plan to cease,  its ability to "fix itself down the  road when there                                                            
are  good  investment   years"  would  diminish.  Ceasing   monetary                                                            
contributions  to the  Plan would  just make  the current  situation                                                            
"worse". This is what would occur were a DCP implemented.                                                                       
                                                                                                                                
Senator Bunde  voiced the  understanding that,  as a member  of SBS,                                                            
which is a DCP, he could  not remove money from the plan. This would                                                            
be similar to  the DCP being proposed in this legislation.  A person                                                            
could  not  remove  their  money  unless  they  were  to  retire  or                                                            
terminate their employment with the State.                                                                                      
                                                                                                                                
Mr. Brown  understood  otherwise: a  person could  access their  SBS                                                            
money. He suggested that this be further researched.                                                                            
                                                                                                                                
Co-Chair Green  asked that any suggestion or solutions  about how to                                                            
address the  plans' $500 billion unfunded  liability be provided  to                                                            
the Committee.                                                                                                                  
                                                                                                                                
[NOTE: The remaining testifiers presented in Juneau.]                                                                           
                                                                                                                                
KEVIN RITCHIE,  Executive Director,  Alaska Municipal League  (AML),                                                            
expressed that  AML has been working with representatives  of school                                                            
districts,  the University  of Alaska,  and municipal  officials  as                                                            
well as  the PERS/TRS Boards  regarding the  retirement and  benefit                                                            
issue. The funding  of the PERS/TRS systems over the  next two years                                                            
at the local level is a  "critical issue". Also of importance is the                                                            
examination  of  the entire  system  in regards  to  what could  "be                                                            
changed  and  what  makes sense".  The  information  that  has  been                                                            
developed  is impressive  and  reflects  the Legislature's  and  the                                                            
Department  of Administration's understanding  "of the depth  of the                                                            
issue". "It  would be wrong  to think that  anybody would be  for or                                                            
against this  bill; the question  is what  needs to be changed".  He                                                            
voiced appreciation  for the fact that "this is a  platform" through                                                            
which to present changes  and discuss the issues. Rather than solely                                                            
being a  State challenge,  this issue  is a  tremendous problem  for                                                            
everyone: municipalities,  school districts, and the University. AML                                                            
is  looking forward  to  working  with the  Legislature  to  further                                                            
develop the bill.                                                                                                               
                                                                                                                                
Senator Bunde  noted that AML has had frequent discussions  with the                                                            
Legislature  regarding past municipal  revenue sharing and  the fact                                                            
that municipal  revenue sharing would not be forthcoming  to address                                                            
the debt that  PERS/TRS has caused. Therefore, it  is incumbent upon                                                            
AML to work  with the Legislature  to address the issue in  order to                                                            
avert further sharing of the debt at the local level.                                                                           
                                                                                                                                
10:14:22 AM                                                                                                                   
                                                                                                                                
Co-Chair  Green  remarked  that  this  bill  is  on  an accelerated                                                             
schedule, and  therefore any person wishing to testify  should do so                                                            
at this time.                                                                                                                   
                                                                                                                                
MARY  FRANCIS,  Executive Director,  Alaska  Association  of  School                                                            
Administrators,  shared   that  many  of the  Association's   school                                                            
superintendents  are meeting in Juneau  this week. One of  topics of                                                            
discussion  is this  legislation.  There is  a consensus  of  strong                                                            
support  among the  attendees about  the Legislature's  efforts  "to                                                            
overhaul  and improve  the State's  retirement  system".  Additional                                                            
work would  be required to address  the concern about how  this bill                                                            
would align  with the Base Student  Allocation (BSA) for  FY 06. The                                                            
Association is  willing to work with the Legislature  to address its                                                            
concerns.                                                                                                                       
                                                                                                                                
TOM  HARVEY,  Executive  Director,  NEA-Alaska,  informed  that  90-                                                            
percent  of the  people  in the  TRS system  and 30-percent  of  the                                                            
people  in the  PERS system  are NEA-Alaska  members.  While he  had                                                            
planned to  provide written comments,  he has chosen to testify  due                                                            
to the accelerated schedule  of the bill. He complimented the bill's                                                            
sponsor,  Senator Stedman,  on  the efforts  he has  exerted on  the                                                            
legislation;  particularly  that Senator Stedman  had contacted  the                                                            
Association  in regards  "to a  number of issues".  He specifically                                                             
appreciated  Senator Stedman's earlier  remarks clarifying  that the                                                            
employee contribution language  located in Section 8(b), page seven,                                                            
lines 22  and 23 of  the bill was  not attributed  to him and  would                                                            
likely be removed from the bill.                                                                                                
                                                                                                                                
Mr.  Harvey further  appreciated  and  voiced approval  of  Co-Chair                                                            
Wilken  comments  that the  stock  market  is not  the  root of  the                                                            
underfunding problem,  as the ASPIB Board and its  investments "have                                                            
far exceeded  what has been  necessary to  sustain the system  as it                                                            
was defined  by the  actuaries".  The actuarial  assumption  changes                                                            
that were made  in 2002 should be the primary focus,  as that change                                                            
caused the scenario to  change from "appearing to be fully funded to                                                            
being five  billion dollars  under-funded.  While there have  been a                                                            
few "plausible"  answers to how this situation occurred,  there have                                                            
not been many answers.  Hopefully, "the real answer" as to why those                                                            
2002 assumptions  "are the right assumptions" will  surface over the                                                            
next few months  and thereby could further affirm  the actual under-                                                            
funded level.                                                                                                                   
                                                                                                                                
Mr. Harvey stated that  the question would then become "how to build                                                            
a  system to  avoid  the five  billion  dollar problem".  Since  the                                                            
answer to why  the assumptions were changed has not  been accurately                                                            
identified, the  answer as to how to change the system  could not be                                                            
developed.  He communicated  that he  is not opposed  to a DCP.  The                                                            
union he  represents has  a DCP. It  is managed  by 25 "very  highly                                                            
compensated  people  who have  the  ability" and  the  time to  make                                                            
decisions about  their investments. The concern is  that the average                                                            
public employee  does not have the time to make educated  investment                                                            
decisions on  a regular basis. He  referenced the experience  of the                                                            
State  of Nebraska,  which  adopted a  DCP 22  years  ago for  State                                                            
employees. This  year Nebraska changed its plan from  being solely a                                                            
DCP pension system  to a mixed system, as "they discovered  that the                                                            
average individual  makes investments  on a more conservative  basis                                                            
than"  necessary  and as  a result  "ended up  losing  two to  three                                                            
percent  a  year".  Over  a  30  to  40  year  period  of  time  for                                                            
retirement, this would  equate to a loss of "close to 100-percent of                                                            
what  they could  have gained  had the  investments  been done  by a                                                            
group of people  who have a better  understanding of the  investment                                                            
environment, such as the ASBIP Board".                                                                                          
                                                                                                                                
Mr. Harvey  continued that  the issue of  compensation must  also be                                                            
addressed;  "Do  they  have  enough  money  to  contribute  what  is                                                            
necessary". According to  his calculations, the percentage specified                                                            
in this bill would  be insufficient for retirement  and the employee                                                            
"would be  coming back  to the State for  assistance:" particularly                                                             
after they make their medical  payments. As specified in the bill, a                                                            
limited amount of money  would be available after paying such things                                                            
as property taxes, and  food and clothing in respect to the standard                                                            
of living  they  presently  experience. The  "promise  of a  pension                                                            
plan" to a servant to the  State is that one's standard of living at                                                            
retirement would  remain at the level it was prior  to retirement. A                                                            
person in private  practice does not  have this promise.  "That is a                                                            
distinct  difference"  between  the private  sector  and the  public                                                            
sector.                                                                                                                         
                                                                                                                                
Mr. Harvey agreed  that the DCP's affect on employee  retention is a                                                            
concern.  He voiced  disagreement  with  the argument  that  people,                                                            
specifically  educators, moved  to the State,  primarily due  to its                                                            
retirement system that  allowed people to retire after 20 years with                                                            
a good medical  component. Research  however, does support  the fact                                                            
that these elements are  in the top three reasons that people remain                                                            
in the State. Job satisfaction  is number one; salary is number two;                                                            
and retirement  benefits  are number  three.  "The retirement  keeps                                                            
them here for  at least 20-years,  or beginning in 2011,  25-years".                                                            
The  DCP defined  in the  bill  would vest  an employee  after  five                                                            
years;  public school  data indicates  that "the  fifth year  is the                                                            
year of the itch" in that  many educators, in their third, fourth or                                                            
fifth teaching year begin  to make decisions about their career. 48-                                                            
percent  of  educators  change professions  within  the  first  five                                                            
years, and  "the 52-percent that remain  are making decisions  about                                                            
their  future".  This State  does  not  provide  sufficient  teacher                                                            
supply to  meet the demand;  it is a highly  competitive  situation.                                                            
Therefore,  developing  a system  that  would allow  teachers  after                                                            
their fifth year  to return home to a state where  they could make a                                                            
similar salary  as offered in Alaska  is questionable, particularly                                                             
since the State has lost  the competitive salary edge experienced in                                                            
the 1980s and  1990s. We would be  "at risk of not retaining  them".                                                            
While agreeing that the  portability factor is beneficial in that it                                                            
could bring in new ideas  and concepts, it "is less of a good thing"                                                            
when it pertains  to the education  field. Stability in a  school is                                                            
beneficial to  student achievement and is instrumental  in providing                                                            
a quality education.                                                                                                            
                                                                                                                                
Senator  Dyson voiced  appreciation  for  Mr. Harvey's  remarks.  In                                                            
regards to  the comments pertaining  to retaining one's standard  of                                                            
living after retirement,  he asked whether Mr. Harvey  was inferring                                                            
that the State has the  responsibility to ensure that everyone has a                                                            
retirement income that  might equate to $50,000, $60,000, or $70,000                                                            
a year.                                                                                                                         
                                                                                                                                
Mr. Harvey apologized if  his remarks inferred that a public service                                                            
employee should receive  the exact same compensation into his or her                                                            
retirement.  The intent of  his remarks was  to express that  public                                                            
service  people  have an  expectation  that  they would  maintain  a                                                            
similar  standard  of living  after  they retire.  The compensation                                                             
could  be  less  at retirement,  as  many  expenses  such  as  house                                                            
payments  would not  be experienced,  as the house  would likely  be                                                            
paid for  by that  time. Therefore,  a retiree's  expenses would  be                                                            
less  than when  they were  active  employees. All  public  servants                                                            
expect to have  "a similar dignity" in their retirement  as they had                                                            
when actively employed.                                                                                                         
                                                                                                                                
Senator Dyson  commented about  the issue  of those individuals  who                                                            
might not  be prudent with  their money; in  that "there is  still a                                                            
social  contract that  the taxpayers  of the State  have to  make up                                                            
whatever delta there might be".                                                                                                 
                                                                                                                                
Mr. Harvey  communicated that it would  be possible that  some folks                                                            
would end up at  poverty level and require State services.  This has                                                            
occurred in some states.  It would be unfortunate were this to occur                                                            
in Alaska.                                                                                                                      
                                                                                                                                
Senator  Dyson voiced  being impressed  with the  clear and  logical                                                            
comments  about what  attracts  people to  the State.  However,  not                                                            
included in the  list of attractions was "a love for  our State, its                                                            
beauty, resources, opportunities,  and people". Particularly missing                                                            
in  the  list  of  what  attracts  teachers  to  the  State  was  "a                                                            
commitment and a calling  to serve our kids". One of "the tragedies"                                                            
of  this  State's  history  is that  people  come  here,  use  State                                                            
resources, make  their money, and then go back home.  It is his hope                                                            
that people would be attracted  to and live in the State "because of                                                            
a love and commitment  to this extraordinary State  and its people".                                                            
He would  choose "to  disincentivise  … the  transient pirates"  and                                                            
would prefer  to attract people for  other reasons besides  monetary                                                            
reasons.                                                                                                                        
                                                                                                                                
Mr. Harvey expressed  that teachers who come to the  State do have a                                                            
calling  to  teach   children.  That  calling  is   the  number  one                                                            
incentive.  "The issue  is, is  it an  incentive" to  remain in  the                                                            
State once  they retire. The number  of education retirees  who stay                                                            
in the State  is increasing. They  would stay "if they can  maintain                                                            
their dignity in retirement".                                                                                                   
                                                                                                                                
STEVE BRADSHAW,  Superintendent, Sitka School District,  praised the                                                            
Legislature's,  and  particularly   Senator  Stedman's,  courage  in                                                            
furthering  this  bill.  He noted  that  his  job  and that  of  the                                                            
Committee are  similar in respect to the fact that,  in developing a                                                            
budget, "there's never  going to be enough money…". This legislation                                                            
is an attempt to "solve  a problem" that must be addressed. However,                                                            
the question  of how and  by whom that problem  would "be paid  for"                                                            
must be  answered. The State  is fortunate  that the price  of North                                                            
Slope crude  oil is high and would  result in a $600 million  dollar                                                            
surplus.  It is certain that  the health  insurance expenses  of the                                                            
retirement plans  would not decrease. These costs  must be financed.                                                            
He applauded the previous  year's efforts to develop alternate State                                                            
revenues  to replace  declining oil  revenues.  Solving the  State's                                                            
revenue problem  is "the number one  issue that we are faced  with".                                                            
This  is a  difficult task.  "The  State is  nothing  more than  the                                                            
people in the State … we  need to solve our problems financially and                                                            
find a way to  fund the State that isn't based on  whether the price                                                            
of  oil is  going  to be  $55 per  barrel  or going  to  be $20  per                                                            
barrel". Solving problems  such as this is the responsibility of the                                                            
Legislature.  The task is  not easy, for when  such things  as taxes                                                            
are proposed, "people want  to vote you out of the place". Until the                                                            
State's revenue  problems are solved, the State's  dependency on oil                                                            
would continue  to be an obstacle  no matter "what bump in  the road                                                            
we get".                                                                                                                        
                                                                                                                                
10:34:23 AM                                                                                                                   
                                                                                                                                
Senator  Bunde,   while  sharing  the  concern  about   the  State's                                                            
dependency on oil revenue,  stressed that the increased oil revenues                                                            
being  experienced  this  year  should  not be  characterized  as  a                                                            
surplus;  the  State  "is  not  rolling  in  dough".  He  urged  the                                                            
testifier  to review SB 88,  which is sponsored  by Senator  Wilken.                                                            
That bill  would  provide a  15 to 20  year fiscal  plan that  could                                                            
serve as "a bridge to the future".                                                                                              
                                                                                                                                
RICHARD CARLSON,  Superintendent,  City of Klawock School  District,                                                            
thanked  the Committee  for  undertaking  "this difficult  task".  A                                                            
five-and-a-half  billion dollar shortfall is indicative  "of a major                                                            
problem"  that must  be fixed. Rather  than focusing  on a  specific                                                            
element  of the problem,  the discussion  must  consider the  entire                                                            
system.  To  that  point,  his  "concern   is  simply  a  matter  of                                                            
logistics,  I guess, in wedding" this  legislation to HB  1-INCREASE                                                            
AMT OF BASE STUDENT ALLOCATION.  He encouraged the Committee to view                                                            
these as two separate issues, "each with merit on their own".                                                                   
                                                                                                                                
Co-Chair  Green agreed  that "they  are two separate  issues  and we                                                            
want them to be that way.  Were it not for the PERS/TRS dilemma, $38                                                            
million  would  not  be"  included   in  the  BSA  this  year.  Many                                                            
Legislators do  not support tying the $38 million  to the BSA. In an                                                            
effort "to  generate more conversation  and more cooperation  and to                                                            
really move forward  on SB 141, we will have it as  a proviso". With                                                            
the passage  of SB  141, it would  be attached,  and would become  a                                                            
part of the final.  "They are inextricability tied,  and yet they're                                                            
very, very, very  separate". Saying that the BSA has  been increased                                                            
by millions  of dollars could be considered  "duplicitous",  were it                                                            
known that more  than 50-percent of that amount would  be to support                                                            
the PERS/TRS  problem. Other  State entities'  PERS/TRS obligations                                                             
must be  provided for today  and in the future.  "It's a big  deal".                                                            
She encouraged  the public to assist  in developing avenues  through                                                            
which to address the issue.                                                                                                     
                                                                                                                                
AT EASE 10:39:23 AM / 10:40:03 AM                                                                                           
                                                                                                                                
Senator Stedman  stated that as the  discussion on this complex  and                                                            
sensitive  issue has advanced,  "rhetoric to  make one point  verses                                                            
another point" has occurred.  It should be restated that the benefit                                                            
structure  currently  provided  to  PERS/TRS  retirees  "is  not  in                                                            
jeopardy".  Current  employees  would be  "moderately"  affected  by                                                            
certain aspects  of the legislation; however, there  is no intent to                                                            
make "any  radical changes"  to the  current tiers,  but rather  "to                                                            
bring forward" issues such  as "cost containment and the fairness of                                                            
the fee structure"  for discussion.  Other than "the concept"  being                                                            
included  in the  bill,  there is  little  that addresses  the  five                                                            
billion   dollar  funding   shortfall.  "There   are  two   distinct                                                            
problems".  It is "more  important"  to address  the Board and  Tier                                                            
issues  first and  then address  the  underfunding  issue. Were  the                                                            
underfunding problem  restructured first, the scenario  could repeat                                                            
itself  going forward  and become  insurmountable.  He assured  that                                                            
even  though  this   legislation  does  not  directly   address  the                                                            
underfunding   issue,  once  some   form  of  this  legislation   is                                                            
finalized, that issue would be addressed.                                                                                       
                                                                                                                                
Senator Stedman  declared that the  "competitive nature"  of the new                                                            
tier  structure could  easily  "be over-dramatized"  as  he did  not                                                            
believe that people  would be living in poverty after  working 20 or                                                            
30  years.  "Most  people in  the  country  save  approximately  ten                                                            
percent" per year  for retirement. That is approximately  the amount                                                            
specified for retirement  in this bill. The contribution amounts are                                                            
"not  set  in  stone";  they  are  a  point   upon  which  to  begin                                                            
discussion.   Some  of  the  labor   organizations  have   presented                                                            
differing contribution amounts, and "that's fine".                                                                              
                                                                                                                                
Senator Stedman  conveyed  that the work  conducted by the  PERS/TRS                                                            
Boards  Tier  Review  Subcommittee  at  the request  of  the  Senate                                                            
Finance Committee  was the basis for this legislation.  Efforts were                                                            
conducted  over  many  months.  It should  be  emphasized  that  the                                                            
previous year  school funding was  dramatically increased  partly to                                                            
account for the  increase in PERS/TRS obligations.  Another increase                                                            
was provided in  the budget this year and the demand  would continue                                                            
in the  future. He  warned however,  that any  increase in money  to                                                            
address  the past  service  liability is  diverting  money from  the                                                            
classroom and  is eliminating funds  for various state departments.                                                             
On the  local level,  the obligation  is removing  funds that  could                                                            
have  been used  for such  things as  paving streets  and  improving                                                            
sewer systems.  "We're diverting cash  flow from this generation  to                                                            
pay for  liabilities incurred  from a previous  generation",  as far                                                            
back as the  1970's. He stressed that  there should be concern  that                                                            
we not "unduly burden future  generations of Alaskans to pay for the                                                            
benefit structures  of today and yesterday".  It would be  extremely                                                            
difficult for the State  of Alaska to forecast the health care costs                                                            
for a  fifty year  old man  who might  live to  reach his  nineties.                                                            
Therefore,  going forward,  "we need  to be able  to have a  benefit                                                            
structure in place  that is fair for the employees  and fair for the                                                            
citizens of the  State"…a balance must be reached.  It is "debatably                                                            
out of balance"  today, as the State  is "definitely diverting"  its                                                            
cash flow for today to address issues that are 30 years old.                                                                    
                                                                                                                                
Senator  Stedman  encouraged  testifiers  to offer  suggestions  for                                                            
amendments.  Legislative  staff could  "fine-tune"  the suggestions                                                             
into the "proper  kind of language". "Get it on the  table so we can                                                            
talk about  it". When the issues at  hand are in focus and  the bill                                                            
is revised  to reflect  that, it  could be acted  upon. He  welcomed                                                            
more   "on-point"    suggestions,    particularly   from    involved                                                            
professionals such as labor unions or management.                                                                               
                                                                                                                                
10:47:53 AM                                                                                                                   
                                                                                                                                
Senator  Bunde, addressing  the  argument  that the  bill would  not                                                            
address  the  approximate  five  billion  dollar  underfunding  gap,                                                            
voiced that this  bill might prevent the gap from  widening further.                                                            
He asked  Senator Stedman  to further discuss  how the underfunding                                                             
issue would be addressed.                                                                                                       
                                                                                                                                
Senator   Stedman  hoped   that  the  Committee   would  adopt   the                                                            
legislation  "with revisions"  and "task the  new Board" to  develop                                                            
"specific  recommendations"  about how to  address the underfunding                                                             
issue. The  goal would be to have  those recommendations  considered                                                            
during the next Legislative  Session. Although he would be surprised                                                            
were it to prevail,  one option that has been mentioned  would be to                                                            
receive "an equity infusion"  from the corpus of the Permanent Fund.                                                            
Other  options  could  include  changing  targeted  funding  levels,                                                            
developing   cost   containments,   or  undertaking   pension   bond                                                            
restructuring.                                                                                                                  
                                                                                                                                
Senator  Stedman  stated  that efforts  to  tie  in a  debt  funding                                                            
mechanism with  the restructuring of the Retirement  System would be                                                            
"complex"  and   therefore  "too  easy  to  get  off-point   in  the                                                            
discussion".   The  preferred  method  would  be  to   address  "the                                                            
structural problems  with the boards" and then address  the debt. He                                                            
agreed with Senator  Bunde, that otherwise, the debt  could continue                                                            
to occur. In  addition, over time,  the number of retired  employees                                                            
would continue  to increase,  "relative to  employed citizens",  and                                                            
thus would place  further liability on the system  under the current                                                            
structure.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken asked  regarding the  aforementioned "accelerated"                                                             
bill schedule.                                                                                                                  
                                                                                                                                
Co-Chair  Green communicated  that  Legislative  staffers have  been                                                            
working   diligently   toward  the   development   of  a   committee                                                            
substitute.  The goal is  to have a committee  substitute  developed                                                            
prior to  the end  of March.  To that point,  significant  Committee                                                            
time  would be  dedicated  to the  bill.  She encouraged  people  to                                                            
provide  their suggestions,  ideas,  and comments  to the  Committee                                                            
"post haste".                                                                                                                   
                                                                                                                                
Senator Bunde  "hoped … that  the suggestion  that we just  hide our                                                            
heads under  the blanket  and hope that this  would goes away  would                                                            
not be a viable option".                                                                                                        
                                                                                                                                
Co-Chair  Green  stated  that  a  solution  to  the  issue  must  be                                                            
obtained.                                                                                                                       
                                                                                                                                
Co-Chair  Green  communicated  that an  additional  opportunity  for                                                            
public  testimony  would be  available  during  the March  22,  2005                                                            
Committee meeting.                                                                                                              
                                                                                                                                
The bill was HELD in Committee.                                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Green adjourned the meeting at 10:54 AM.                                                                               

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