Legislature(2023 - 2024)
2024-01-31 Senate Journal
Full Journal pdf2024-01-31 Senate Journal Page 1491 SB 88 CS FOR SENATE BILL NO. 88(FIN) "An Act relating to the Public Employees' Retirement System of Alaska and the teachers' retirement system; providing certain employees an opportunity to choose between the defined benefit and defined contribution plans of the Public Employees' Retirement System of Alaska and the teachers' retirement system; and providing for an effective date" which had been held in third reading (page 1455) was before the Senate. Senator Myers moved the bill be returned to second reading for amendments offered today. Without objection, the bill was returned to second reading. Senator Myers offered Amendment No. 1 : Page 2, following line 4: Insert a new paragraph to read: "(2) first became a member of the system after June 30, 2024, and has (A) less than 10 years of credited service; or (B) 10 years or more of credited service and does not elect to participate in the defined benefit retirement plan under AS 14.25.009 - 14.25.220;" 2024-01-31 Senate Journal Page 1492 Renumber the following paragraphs accordingly. Page 3, lines 4 - 8: Delete all material and insert: "(h) A teacher who became a member of the system after June 30, 2006, and before July 1, 2024, or who has elected under former AS 14.25.540 to participate in the defined contribution retirement plan under AS 14.25.310 - 14.25.590, is considered a teacher who first became a member of the system after June 30, 2024, if the teacher" Page 3, following line 20: Insert a new subsection to read: "(i) A teacher subject to (h) of this section may not receive service credit for purposes of AS 14.25.110(d) for employment between July 1, 2006, and June 30, 2024." Page 4, following line 6: Insert a new subsection to read: "(b) A teacher who first became a member of the system after June 30, 2024, may make a one-time election to participate in the defined benefit retirement plan under AS 14.25.009 - 14.25.220 if the teacher has earned 10 years of membership service after June 30, 2024." Reletter the following subsections accordingly. Page 4, line 8, following "reemployment.": Insert "An election under (b) of this section may be made not more than 180 days after the teacher earned 10 years of membership service." Page 4, line 8: Delete "reemployed" Page 4, line 8, following "(a)": Insert "or (b)" Page 4, line 12, following "(a)": Insert "or (b)" 2024-01-31 Senate Journal Page 1493 Page 4, line 15, following "(a)": Insert "or (b)" Page 4, line 19, following "(a)": Insert "or (b)" Page 4, line 28: Delete "(f)" Insert "(g)" Page 5, line 13: Delete "(d)" Insert "(e)" Page 5, line 25: Delete "(g)" Insert "(h)" Page 5, line 29: Delete "(d)" Insert "(e)" Page 20, line 16: Delete "and" Page 20, following line 16: Insert a new paragraph to read: "(2) teachers who first become members of the system after June 30, 2024, who have (A) less than 10 years of credited service; or (B) 10 years or more of credited service and who do not elect to participate in the defined benefit retirement plan under AS 14.25.009 - 14.25.220; and" Renumber the following paragraph accordingly. Page 20, line 24: Delete "a new subsection" Insert "new subsections" 2024-01-31 Senate Journal Page 1494 Page 20, following line 26: Insert a new subsection to read: "(c) In this section, "credited service" has the meaning given in AS 14.25.220." Page 20, lines 28 - 29: Delete "and before July 1, 2024," Page 32, line 5, following "2024": Insert ", who elect to participate in the defined benefit retirement plan under AS 39.35.095 - 39.35.680 and have (A) 10 years or more of credited service; or (B) five years or more of credited service as a peace officer or firefighter" Page 32, lines 7 - 10: Delete all material and insert: "(b) An employee who became a member of the system after June 30, 2006, and before July 1, 2024, or who has elected under former AS 39.35.940 to participate in the defined contribution retirement plan under AS 39.35.700 - 39.35.990, is considered an employee first hired after June 30, 2024, if the employee" Page 33, following line 17: Insert a new subsection to read: "(b) An employee who first became a member of the system after June 30, 2024, may make a one-time election to participate in the defined benefit retirement plan under AS 39.35.095 - 39.35.680 if, after June 30, 2024, the employee has earned (1) 10 years or more of credited service; or (2) five years or more of credited service as a peace officer or firefighter." Reletter the following subsections accordingly. Page 33, line 19: Delete "A reemployed" Insert "An election under (b) of this section may be made not more than 180 days after the employee earned 10 years of credited service or more than 180 days after the employee earned five years of credited service as a peace officer or firefighter. An" 2024-01-31 Senate Journal Page 1495 Page 33, line 20, following "(a)": Insert "or (b)" Page 33, line 23, following "(a)": Insert "or (b)" Page 33, line 26, following "(a)": Insert "or (b)" Page 33, line 30, following "(a)": Insert "or (b)" Page 34, line 8: Delete "(f)" Insert "(g)" Page 34, line 24: Delete "(d)" Insert "(e)" Page 35, line 4: Delete "(g)" Insert "(h)" Page 35, line 8: Delete "(d)" Insert "(e)" Page 49, line 3: Delete "and" Page 49, following line 3: Insert a new paragraph to read: "(2) employees who first become members of the system after June 30, 2024, who have (A) less than 10 years of credited service or less than five years of credited service as a peace officer or firefighter; or (B) 10 years or more of credited service, or five 2024-01-31 Senate Journal Page 1496 years or more of credited service as a peace officer or firefighter, and who do not elect to participate in the defined benefit retirement plan under AS 39.35.095 - 39.35.680; and" Renumber the following paragraph accordingly. Page 49, line 17: Delete "and before July 1, 2024," Senator Myers moved for the adoption of Amendment No. 1. Senator Giessel objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 88(FIN) Second Reading Amendment No. 1? YEAS: 2 NAYS: 15 EXCUSED: 3 ABSENT: 0 Yeas: Hughes, Myers Nays: Bjorkman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Bishop, Claman, Shower and so, Amendment No. 1 failed. Senator Myers offered Amendment No. 2 : Page 1, line 4, following "system;": Insert "relating to participation in the state supplemental employee benefits program;" Page 28, following line 17: Insert new bill sections to read: "* Sec. 43. AS 39.30.170 is repealed and reenacted to read: 2024-01-31 Senate Journal Page 1497 Sec. 39.30.170. Participation in program. An employer shall become a participating employer in the employee benefits program under AS 39.30.150 - 39.30.180, if the employer (1) is an employer in the teachers' retirement system (AS 14.25) or the public employees' retirement system (AS 39.35); and (2) does not participate in the federal social security system. * Sec. 44. AS 39.30.180(3) is amended to read: (3) "participating employer" means (A) the State of Alaska; [AND] (B) an employer who (i) [WHO] is an employer as defined in AS 14.25.590 or AS 39.35.680; and (ii) does not participate [WHO HAS NEVER PARTICIPATED] in [OR HAS WITHDRAWN FROM PARTICIPATION IN] the federal social security system [; AND (iii) WHOSE PARTICIPATION IN THE SUPPLEMENTAL EMPLOYEE BENEFIT PROGRAM HAS BEEN APPROVED BY THE COMMISSIONER]." Renumber the following bill sections accordingly. Page 51, line 18: Delete "39 - 92" Insert "39 - 94" Page 51, line 24: Delete "Section 93" Insert "Section 95" Page 51, line 25: Delete "sec. 94" Insert "sec. 96" Senator Myers moved for the adoption of Amendment No. 2. Senator Giessel objected. 2024-01-31 Senate Journal Page 1498 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 88(FIN) Second Reading Amendment No. 2? YEAS: 2 NAYS: 15 EXCUSED: 3 ABSENT: 0 Yeas: Hughes, Myers Nays: Bjorkman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Bishop, Claman, Shower and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 88(FIN) was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 88(FIN) "An Act relating to the Public Employees' Retirement System of Alaska and the teachers' retirement system; providing certain employees an opportunity to choose between the defined benefit and defined contribution plans of the Public Employees' Retirement System of Alaska and the teachers' retirement system; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 88(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 5 EXCUSED: 3 ABSENT: 0 Yeas: Bjorkman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stevens, Tobin, Wielechowski Nays: Hughes, Kaufman, Myers, Stedman, Wilson Excused: Bishop, Claman, Shower 2024-01-31 Senate Journal Page 1499 and so, CS FOR SENATE BILL NO. 88(FIN) passed the Senate. Senator Giessel moved for the adoption of the effective date clause(s). The question being: "Shall the effective date clause(s) be adopted?" The roll was taken with the following result: CSSB 88(FIN) Effective Date Clause(s) YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bjorkman, Dunbar, Giessel, Gray-Jackson, Hoffman, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Bishop, Claman, Shower and so, the effective date clause(s) were adopted. Senator Hoffman gave notice of reconsideration on CS FOR SENATE BILL NO. 88(FIN).