Legislature(2005 - 2006)

2006-04-25 House Journal

Full Journal pdf

2006-04-25                     House Journal                      Page 3331
HB 475                                                                                            
The following, which was advanced to third reading from the April 24,                               
2006, calendar (page 3304), was read the third time:                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 475(FIN)                                                                 
     "An Act relating to the supplemental employee benefit program;                                 
     relating to teachers' and public employees' defined benefit                                    
     retirement plans; relating to teachers' and public employees'                                  
     defined contribution retirement plans; relating to the health                                  
     reimbursement arrangement plan for certain teachers and public                                 
     employees; clarifying eligibility for membership in the health                                 
     reimbursement arrangement plan; relating to waiver of                                          
     adjustments under the teachers' defined benefit retirement plan                                
     and the public employees' defined benefit retirement plan; relating                            
     to the administrator of the Public Employees' Retirement System                                
     of Alaska; relating to employer contributions for occupational                                 
     disability and death benefits; repealing participation in the                                  
     teachers' defined contribution and defined benefit retirement plans                            
     by certain employees of the National Education Association of                                  
     Alaska; relating to requirements for employer minimum                                          
     contributions to the teachers' and the public employees' defined                               
     benefit retirement systems; relating to the public employees'                                  
     defined benefit deferred compensation program; and providing for                               
     an effective date."                                                                            
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
CSHB 474(FIN) be returned to second reading for the specific purpose                                
of considering Amendment No. 1.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    

2006-04-25                     House Journal                      Page 3332
Amendment No. 1 was offered  by Representative Hawker:                                               
                                                                                                    
Page 2, line 2, following "program;" (title amendment):                                           
 Insert "providing for an effective date by amending sec. 148,                                    
ch. 9, FSSLA 2005, which contains an effective date;"                                             
                                                                                                    
Page 2, following line 3:                                                                           
 Insert new bill sections to read:                                                                  
   "* Section 1. AS 14.25.009 is amended to read:                                                 
      Sec. 14.25.009. Applicability of AS 14.25.009 - 14.25.220.                                  
     The provisions of AS 14.25.009 - 14.25.220 apply only to                                       
     members first hired before July 1, 2007 [2006].                                            
                                                                                                    
   * Sec. 2. AS 14.25.012(c) is amended to read:                                                  
      (c) Employees first hired after June 30, 2007 [2006], are not                             
     eligible to participate in the plan established in AS 14.25.009 -                              
     14.25.220."                                                                                    
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 3"                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, following line 12:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 7. AS 14.25.310, as enacted by sec. 35, ch. 9, FSSLA 2005,                             
is amended to read:                                                                                 
      Sec. 14.25.310. Applicability of AS 14.25.310 - 14.25.590.                                  
     The provisions of AS 14.25.310 - 14.25.590 apply only to teachers                              
     who first become members on or after July 1, 2007 [2006], or to                            
     members who transfer into the defined contribution plan under                                  
     AS 14.25.540."                                                                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, lines 14 - 18:                                                                              
 Delete all material and insert:                                                                    
      "(b) The defined contribution retirement plan includes a plan                                 
     in which savings are accumulated in an individual account for the                              
     exclusive benefit of the member or beneficiaries, and certain                              

2006-04-25                     House Journal                      Page 3333
     fixed occupational death and disability benefits are paid. The                             
     plan is established effective July 1, 2007 [2006], at which time                           
     contributions by employers and members begin."                                                 
                                                                                                    
Page 3, following line 23:                                                                          
 Insert a new bill section to read:                                                                 
     "* Sec. 10. AS 14.25.330(a), as enacted by sec. 35, ch. 9, FSSLA                             
     2005, is amended to read:                                                                      
      (a) A teacher who first becomes a member on or after July 1,                                  
     2007 [2006], shall participate in the plan as a member of the                              
     defined contribution retirement plan."                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, following line 1:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 12. AS 14.25.350(c), as enacted by sec. 35, ch. 9, FSSLA                               
2005, is amended to read:                                                                           
      (c) Notwithstanding (b) of this section, the employer                                         
     contribution for retiree major medical insurance for fiscal year                               
     2008 [2007] shall be 1.75 percent of each member's compensation                            
     from July 1 to the following June 30."                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 14, following line 29:                                                                         
 Insert new bill sections to read:                                                                  
   "* Sec. 37. AS 39.30.300, as enacted by sec. 80, ch. 9, FSSLA 2005,                            
is amended to read:                                                                                 
      Sec. 39.30.300. State of Alaska Teachers' and Public                                        
     Employees' Retiree Health Reimbursement Arrangement Plan                                     
     established. The State of Alaska Teachers' and Public Employees'                             
     Retiree Health Reimbursement Arrangement Plan is established                                   
     for teachers who first become members of the defined contribution                              
     plan of the teachers' retirement system under AS 14.25.310 -                                   
     14.25.590 on or after July 1, 2007 [2006], and employees of the                            
     state, political subdivisions of the state, and public organizations                           
     of the state who first become members of the defined contribution                              
     plan of the public employees' retirement system under AS                                       
     39.35.700 - 39.35.990 on or after July 1, 2007 [2006].                                     

2006-04-25                     House Journal                      Page 3334
   * Sec. 38. AS 39.30.310(b), as enacted by sec. 80, ch. 9, FSSLA                                
2005, is amended to read:                                                                           
      (b) The plan becomes effective July 1, 2007 [2006], at which                              
     time contributions by employers begin."                                                        
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 15, following line 29:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 43. AS 39.35.095 is amended to read:                                                   
      Sec. 39.35.095. Applicability of AS 39.35.095 - 39.35.680.                                  
     The following provisions of this chapter apply only to members                                 
     first hired before July 1, 2007 [2006]: AS 39.35.095 - 39.35.680."                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 18, following line 13:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 51. AS 39.35.700, as enacted by sec. 122, ch. 9, FSSLA                                 
2005, is amended to read:                                                                           
      Sec. 39.35.700. Applicability of AS 39.35.700 - 39.35.990.                                  
     The provisions of AS 39.35.700 - 39.35.990 apply only to                                       
     members first hired on or after July 1, 2007 [2006], or to members                         
     who transfer into the defined contribution plan under                                          
     AS 39.35.940."                                                                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 18, lines 15 - 20:                                                                             
 Delete all material and insert:                                                                    
      "(b) The defined contribution retirement plan includes [IS] a                             
     plan in which savings are accumulated in an individual retirement                              
     account for the exclusive benefit of the member or beneficiaries,                          
     certain fixed occupational death and disability benefits are                               
     paid, and certain fixed retirement and survivor benefits for                               
     peace officers and fire fighters are paid. The plan is established                         
     effective July 1, 2007 [2006], at which time contributions by                              
     employers and members begin."                                                                  
                                                                                                    
Page 18, following line 28:                                                                         
 Insert a new bill section to read:                                                                 

2006-04-25                     House Journal                      Page 3335
   "* Sec. 54. AS 39.35.720, as enacted by sec. 122, ch. 9, FSSLA                                 
2005, is amended to read:                                                                           
      Sec. 39.35.720. Membership. An employee who becomes a                                       
     member on or after July 1, 2007 [2006], shall participate in the                           
     plan set out in AS 39.35.700 - 39.35.990."                                                     
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 19, following line 6:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 56. AS 39.35.750(c), as enacted by sec. 122, ch. 9, FSSLA                              
2005, is amended to read:                                                                           
      (c) Notwithstanding (b) of this section, the employer                                         
     contribution for retiree major medical insurance for fiscal year                               
     2008 [2007] shall be 1.75 percent of each member's compensation                            
     from July 1 to the following June 30."                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 33, lines 15 - 16:                                                                             
 Delete all material and insert:                                                                    
   "* Sec. 85. AS 14.25.045 and AS 39.35.050(a) are repealed.                                     
   * Sec. 86. AS 14.25.570, as enacted by sec. 35, ch. 9, FSSLA 2005,                             
is repealed.                                                                                        
   * Sec. 87. AS 14.25.070(b) and AS 39.35.270(b) are repealed."                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 33, line 17:                                                                                   
     Delete "2010"                                                                                  
     Insert "2011"                                                                                  
                                                                                                    
Page 33, line 23:                                                                                   
     Delete "sec. 8"                                                                                
     Insert "sec. 13"                                                                               
                                                                                                    
Page 33, line 30:                                                                                   
     Delete "Section 75"                                                                            
     Insert "Section 87"                                                                            
                                                                                                    
Page 33, line 31 through Page 34, line 3:                                                           
 Delete all material and insert:                                                                    

2006-04-25                     House Journal                      Page 3336
   "* Sec. 91. The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 CONDITIONAL RETROACTIVITY. If, under sec. 95 of this                                               
Act, secs. 1, 2, 7, 8, 10, 12, 37, 38, 43, 51, 52, 54, 56, and 91 of this                           
Act take effect after June 30, 2006, secs. 1, 2, 7, 8, 10, 12, 37, 38, 43,                          
51, 52, 54, 56, and 91 of this Act are retroactive to June 30, 2006.                                
                                                                                                    
   * Sec. 92. Section 148, ch. 9, FSSLA 2005, is amended to read:                                 
 Sec. 148.Sections 2, 8, 35, 40, 46, 61, 69, 80, 82, 122, and 134 of                              
this Act take effect July 1, 2007 [2006].                                                       
   * Sec. 93. Sections 5 and 46 of this Act take effect July 1, 2009.                             
   * Sec. 94. Sections 6, 47, and 48 of this Act take effect July 1, 2011.                        
   * Sec. 95. Except as provided in secs. 93 and 94 of this Act, this Act                         
takes effect immediately under AS 01.10.070(c)."                                                    
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Seaton objected.                                                                     
                                                                                                    
Representative Hawker placed a call of the House on the bill.                                       
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 475(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Moses,                                     
Neuman, Salmon                                                                                      
                                                                                                    
Nays:  Chenault, Coghill, Elkins, Foster, Gatto, Kelly, Meyer, Olson,                               
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
And so, Amendment No. 1 was adopted, and the new title follows:                                     
                                                                                                    

2006-04-25                     House Journal                      Page 3337
     CS FOR HOUSE BILL NO. 475(FIN) am                                                              
     "An Act relating to the supplemental employee benefit program;                                 
     relating to teachers' and public employees' defined benefit                                    
     retirement plans; relating to teachers' and public employees'                                  
     defined contribution retirement plans; relating to the health                                  
     reimbursement arrangement plan for certain teachers and public                                 
     employees; clarifying eligibility for membership in the health                                 
     reimbursement arrangement plan; relating to waiver of                                          
     adjustments under the teachers' defined benefit retirement plan                                
     and the public employees' defined benefit retirement plan; relating                            
     to the administrator of the Public Employees' Retirement System                                
     of Alaska; relating to employer contributions for occupational                                 
     disability and death benefits; repealing participation in the                                  
     teachers' defined contribution and defined benefit retirement plans                            
     by certain employees of the National Education Association of                                  
     Alaska; relating to requirements for employer minimum                                          
     contributions to the teachers' and the public employees' defined                               
     benefit retirement systems; relating to the public employees'                                  
     defined benefit deferred compensation program; providing for an                                
     effective date by amending sec. 148, ch. 9, FSSLA 2005, which                                  
    contains an effective date; and providing for an effective date."                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 475(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 475(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
And so, CSHB 475(FIN) am passed the House.                                                          
                                                                                                    

2006-04-25                     House Journal                      Page 3338
Representative Coghill moved the effective date clauses.                                            
                                                                                                    
The question being:  "Shall the effective date clauses be adopted?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 475(FIN) am                                                                                    
Third Reading                                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  34   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux,                                      
Lynn, McGuire, Meyer, Moses, Neuman, Ramras, Rokeberg, Salmon,                                      
Samuels, Stoltze, Thomas, Weyhrauch                                                                 
                                                                                                    
Nays:  Chenault, Coghill, Kelly, Olson, Seaton, Wilson                                              
                                                                                                    
And so, the effective date clauses were adopted.                                                    
                                                                                                    
CSHB 475(FIN) am was referred to the Chief Clerk for engrossment.