Legislature(2005 - 2006)

2005-04-11 Senate Journal

Full Journal pdf

2005-04-11                     Senate Journal                      Page 0880
SB 141                                                                                            
CS FOR SENATE BILL NO. 141(FIN) "An Act relating to the                                             
teachers' and public employees' retirement systems and creating                                     
defined contribution and health reimbursement plans for members of                                  
the teachers' retirement system and the public employees' retirement                                
system who are first hired after July 1, 2005; relating to university                               
retirement programs; establishing the Alaska Retirement Management                                  

2005-04-11                     Senate Journal                      Page 0881
Board to replace the Alaska State Pension Investment Board, the                                     
Alaska Teachers' Retirement Board, and the Public Employees'                                        
Retirement Board; adding appeals of the decisions of the administrator                              
of the teachers' and public employees' retirement systems to the                                    
jurisdiction of the office of administrative hearings; providing for                                
nonvested members of the teachers' retirement system defined benefit                                
plans to transfer into the teachers' retirement system defined                                      
contribution plan and for nonvested members of the public employees'                                
retirement system defined benefit plans to transfer into the public                                 
employees' retirement system defined contribution plan; providing for                               
political subdivisions and public organizations to request to participate                           
in the public employees' defined contribution retirement plan; and                                  
providing for an effective date" was read the third time.                                           
                                                                                                    
Senator Hoffman moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Hoffman offered Amendment No. 1 :                                                            
                                                                                                    
Page 7, lines 9 - 30:                                                                               
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 8, lines 8 - 11:                                                                               
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 68, line 15, through page 69, line 13:                                                         
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 72, lines 4 - 7:                                                                               
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 105, line 23:                                                                                  
     Delete "sec. 59"                                                                               
     Insert "sec. 56"                                                                               

2005-04-11                     Senate Journal                      Page 0882
Page 109, line 19:                                                                                  
     Delete "SECTIONS 139 AND 140"                                                                  
     Insert "SECTIONS 133 AND 134"                                                                  
                                                                                                    
Page 109, line 20:                                                                                  
     Delete "secs. 139 and 140"                                                                     
     Insert "secs. 133 and 134"                                                                     
                                                                                                    
Page 109, lines 21 - 22:                                                                            
     Delete "secs. 139 and 140"                                                                     
     Insert "secs. 133 and 134"                                                                     
                                                                                                    
Page 109, line 23:                                                                                  
       Delete "Sections 11, 12, 14, 15, 20, 89 - 94, 107, 114, and 131"                            
     Insert "Sections 8, 9, 11, 12, 17, 84 - 89, 101, 108, and 125"                                 
                                                                                                    
Page 109, line 25:                                                                                  
     Delete "Section 141"                                                                           
     Insert "Section 135"                                                                           
                                                                                                    
Page 109, line 26:                                                                                  
     Delete "secs. 142 and 143"                                                                     
     Insert "secs. 136 and 137"                                                                     
                                                                                                    
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 1.                                          
Senator Green objected.                                                                             
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 141(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 1 failed.                                                                     

2005-04-11                     Senate Journal                      Page 0883
CS FOR SENATE BILL NO. 141(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
Senator Olson moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 2.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Olson offered Amendment No. 2 :                                                              
                                                                                                    
Page 46, line 14, through page 47, line 24:                                                         
     Delete all material and insert:                                                                
              "(b)  The Alaska Retirement Management Board consists                                 
          of nine trustees.  The commissioner of administration and the                             
          commissioner of revenue shall serve on the board.  Four                                   
          trustees shall be appointed by the governor and three shall be                            
          elected from the membership of state retirement systems.                                  
               (c)  The governor shall appoint four trustees who meet                               
          the eligibility requirements for an Alaska permanent fund                                 
          dividend and who are professionally credentialed or have                                  
          recognized competence in investment management, finance,                                  
          banking, economics, accounting, pension administration, or                                
          actuarial analysis as follows:                                                            
                        (1)  two trustees shall be appointed from the                               
          general public;  a trustee appointed under this paragraph may                             
          not hold another state office, position, or employment and                                
          may not be a member or beneficiary of a retirement system                                 
          managed by the board;                                                                     
                        (2)  one trustee shall be employed as a finance                             
          officer for a political subdivision participating in the public                           
          employees' retirement system;                                                             
                        (3)  one trustee shall be employed as a finance                             
          officer for a political subdivision participating in the teachers'                        
          retirement system.                                                                        
               (d)  Two trustees shall be members of the public                                     
          employees' retirement system elected by members of the                                    
          public employees' retirement system.  One trustee shall be a                              
          member of the teachers' retirement system elected by                                      
          members of the teachers' retirement system.  Elections shall                              
          be conducted by the board.  A candidate shall be                                          
          professionally credentialed or have recognized competence in                              

2005-04-11                     Senate Journal                      Page 0884
          investment management, finance, banking, economics,                                       
          accounting, pension administration, or actuarial analysis.  The                           
          candidate who receives the most votes cast in the election is                             
          elected to the seat.  If two seats are to be filled at the election,                      
          the candidate who receives the highest number of votes cast                               
          and the candidate who receives the second highest number of                               
          votes cast are elected to the seats.  The term of office of an                            
          elected member is three years.  The governor shall fill a                                 
          vacancy in an unexpired elective term by appointment for the                              
          period remaining before the next regularly scheduled election                             
          held under this subsection.  The term limitations of (e)(1) of                            
          this section do not apply to trustees elected under this                                  
          subsection.                                                                               
               (e)  The trustees appointed under (c) of this section                                
                        (1)  shall serve for staggered terms of three years                         
          and may be reappointed to the board for a total of three                                  
          consecutive terms; a person who has served three consecutive                              
          terms may not be reappointed to the board for at least one                                
          year;                                                                                     
                        (2)  may be removed by the governor for cause                               
          by written notice; after a trustee receives written notice of                             
          removal, the trustee may not participate in board business and                            
          may not be counted for purposes of establishing a quorum.                                 
               (f)  A vacancy on the board of trustees appointed to the                             
          board under (e)(2) of this section shall be promptly filled.  A                           
          person filling a vacancy holds office for the balance of the                              
          unexpired term of the person's predecessor, and the balance of                            
          the unexpired term served is not included in the three-term                               
          limitation under (e)(1) of this section.  A vacancy on the                                
          board does not impair the authority of a quorum of the board                              
          to exercise all the powers and perform all the duties of the                              
          board.                                                                                    
               (g)  Five trustees constitute a quorum for the transaction                           
          of business and the exercise of the powers and duties of the                              
          board.                                                                                    
               (h)  A trustee may not designate another person to serve                             
          on the board in the absence of the trustee.                                               
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-11                     Senate Journal                      Page 0885
               (i)  The board shall provide annual training to its                                  
          members on the duties and powers of a fiduciary of a state                                
          fund and other training as necessary to keep the members of                               
          the board educated about pension management and                                           
          investment.                                                                               
               (j)  The board shall elect a trustee to serve as chair and a                         
          trustee to serve as vice-chair for one-year terms.  A trustee                             
          may be reelected to serve additional terms as chair or vice-                              
          chair."                                                                                   
                                                                                                    
Page 105, lines 19 - 26:                                                                            
     Delete all material and insert:                                                                
"* Sec. 132.  The uncodified law of the State of Alaska is amended                                
by adding a new section to read:                                                                    
          TRANSITION:  INITIAL STAGGERED TERMS OF                                                   
TRUSTEES OF THE ALASKA RETIREMENT SECURITY AND                                                      
PORTABILITY BOARD.  (a)  Notwithstanding AS 37.10.210(e), as                                        
repealed and reenacted by sec. 59 of this Act, in making the initial                                
appointments under AS 37.10.210(c), as repealed and reenacted by                                    
sec. 59 of this Act, the governor shall appoint one member for one                                  
year, one member for two years and two members for three years.                                     
       (b)  Notwithstanding AS 37.10.210(d), as repealed and                                        
reenacted by sec. 59 of this Act, the initial term of the candidate who                             
receives the highest number of votes cast in a two-seat election shall                              
be elected to a three-year term, and the candidate in a two-seat election                           
who receives the second highest number of votes cast shall be elected                               
to a one-year term.  The initial term of a candidate who receives the                               
highest number of votes cast in a one seat election shall be two years."                            
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 2. Senator                                    
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-11                     Senate Journal                      Page 0886
                                                                                                    
CSSB 141(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 141(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 141(FIN)                                          
"An Act relating to the teachers' and public employees' retirement                                  
systems and creating defined contribution and health reimbursement                                  
plans for members of the teachers' retirement system and the public                                 
employees' retirement system who are first hired after July 1, 2005;                                
relating to university retirement programs; establishing the Alaska                                 
Retirement Management Board to replace the Alaska State Pension                                     
Investment Board, the Alaska Teachers' Retirement Board, and the                                    
Public Employees' Retirement Board; adding appeals of the decisions                                 
of the administrator of the teachers' and public employees' retirement                              
systems to the jurisdiction of the office of administrative hearings;                               
providing for nonvested members of the teachers' retirement system                                  
defined benefit plans to transfer into the teachers' retirement system                              
defined contribution plan and for nonvested members of the public                                   
employees' retirement system defined benefit plans to transfer into the                             
public employees' retirement system defined contribution plan;                                      
providing for political subdivisions and public organizations to request                            
to participate in the public employees' defined contribution retirement                             
plan; and providing for an effective date" pass the Senate?" The roll                               
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-11                     Senate Journal                      Page 0887
                                                                                                    
CSSB 141(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 141(FIN) passed the Senate.                                          
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 141(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
Senator Elton gave notice of reconsideration.