Legislature(2023 - 2024)BARNES 124

01/24/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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08:15:19 AM Start
08:19:49 AM HB22
10:03:13 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 22 PEACE OFFICER/FIREFIGHTER RETIRE BENEFITS TELECONFERENCED
Heard & Held
        HB  22-PEACE OFFICER/FIREFIGHTER RETIRE BENEFITS                                                                    
                                                                                                                                
8:19:49 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced that the  first order of business would                                                               
be  HOUSE BILL  NO.  22,  "An Act  relating  to participation  of                                                               
certain peace  officers and firefighters  in the  defined benefit                                                               
and  defined   contribution  plans   of  the   Public  Employees'                                                               
Retirement  System of  Alaska; relating  to eligibility  of peace                                                               
officers  and firefighters  for  medical,  disability, and  death                                                               
benefits;  relating   to  liability  of  the   Public  Employees'                                                               
Retirement  System  of Alaska;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
8:20:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANDY   JOSEPHSON,  Alaska   State   Legislature,                                                               
introduced  HB 22,  as the  prime  sponsor.   He paraphrased  the                                                               
sponsor statement [included in the  committee packet], which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     HB 22 creates  a new hybrid retirement  plan option for                                                                    
     state  and municipal  peace  officers and  firefighters                                                                    
     under  the Alaska  Public Employees'  Retirement System                                                                    
     (PERS)  with  new  protections for  the  state  against                                                                    
     unforeseen future liabilities.                                                                                             
                                                                                                                                
     Alaska  ended the  Defined Benefit  Plan in  2006 after                                                                    
     discovering that  the accounts were too  underfunded to                                                                    
     meet  anticipated  retiree   obligations.  Since  these                                                                    
     plans were eliminated, one  of Alaska's greatest public                                                                    
     safety  challenges has  become  employee retention  and                                                                    
     recruitment.  Alaska is  one of  the few  jurisdictions                                                                    
     that  does  not  presently   offer  a  defined  benefit                                                                    
     retirement   for    new   public    safety   employees.                                                                    
     Additionally,  many municipal  public employees  do not                                                                    
     participate  in  Social  Security or  the  Supplemental                                                                    
     Annuity Plan (SBS-AP).  HB 22 is crafted  to retain and                                                                    
     attract quality  peace officers and  firefighters while                                                                    
     protecting the  state from unnecessary  financial risks                                                                    
     in the future.                                                                                                             
                                                                                                                                
     The proposed  option would allow future  peace officers                                                                    
     and  firefighters under  the  PERS  system and  current                                                                    
     ones under  the PERS Tier  IV plan to join  the defined                                                                    
     benefit plan. The  proposal includes several safeguards                                                                    
     modeled after  the most  fiscally responsible  plans in                                                                    
     the  nation.  These  safeguards provide  stability  and                                                                    
     would  provide the  state with  fiscal certainty  about                                                                    
     its ability to maintain  adequate funding for this plan                                                                    
     into  the future.  These provisions  include a  minimum                                                                    
     retirement  age  of  55  with   20  years  of  service,                                                                    
     flexibility   setting   employee  contribution   rates,                                                                    
     minimum   12  percent   employer  contribution   rates,                                                                    
     mechanisms  to prevent  costly  "pension spiking,"  and                                                                    
     the   ability  to   withhold  post-pension   retirement                                                                    
     adjustments  should the  plan's funding  drop below  90                                                                    
     percent. This hybrid tier will  closely mirror Tier III                                                                    
     of  PERS   for  public   safety  employees,   with  the                                                                    
     exception of  two cost  saving measures:  the continued                                                                    
     inclusion   of  the   Tier   IV  Defined   Contribution                                                                    
     Retirement health  reimbursement arrangement  (HRA) and                                                                    
     the absence of cost-of-living adjustments.                                                                                 
                                                                                                                                
     HB 22  is a step  toward making Alaska  more attractive                                                                    
     to  public safety  employees. The  nature  of the  jobs                                                                    
     that peace  officers and firefighters hold  are unique,                                                                    
     physically demanding,  and hazardous compared  to other                                                                    
     public  employees, and  all Alaskans  pay the  cost for                                                                    
     understaffed public safety agencies.                                                                                       
                                                                                                                                
8:26:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  discussed prior  efforts to  reform the                                                               
retirement  plan  for public  safety  employees  in Alaska.    He                                                               
detailed House  Bill 55,  which he  sponsored during  the Thirty-                                                               
Second  Alaska  State  Legislature,  emphasizing  the  bipartisan                                                               
support  for the  legislation.   Ultimately,  he  said, the  bill                                                               
"died" in the  Senate Finance Committee, as there  was not enough                                                               
time left in the legislative session  to pass it out of committee                                                               
and on to  the Senate floor.   He noted that HB  22 was identical                                                               
to  House   Bill  55  except   for  one  change.     Further,  he                                                               
characterized the bill  as "conservative," as it  posed no threat                                                               
to the existing unfunded liability.                                                                                             
                                                                                                                                
8:33:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON explained  that currently,  the state's                                                               
unfunded liability was paid based  on a per-capita calculation of                                                               
all   public  employees;   additionally,  the   state  and   city                                                               
governments  "steered" money  towards the  unfunded liability  to                                                               
drive it  down.   He indicated  that under HB  22, the  cohort of                                                               
individuals  covered by  the plan  would also  be paying  off the                                                               
unfunded liability; however, two percent  of what they would have                                                               
otherwise paid would be shifted back  to their pension trust.  He                                                               
acknowledged  that these  individuals did  not themselves  create                                                               
the  unfunded  liability;  therefore,  the  proposed  legislation                                                               
sought  to lift  their burden  by  moving a  small percentage  to                                                               
their retirement  trust, which would have  otherwise gone towards                                                               
the unfunded  liability.   As a  result of  this shift,  it would                                                               
take  the  state  six  months  longer to  pay  off  the  existing                                                               
unfunded liability, resulting  in a fiscal note of  $5 million to                                                               
$6 million.   He  posited that the  current practice  of training                                                               
new people  [due to  poor retention and  high rates  of turnover]                                                               
eclipsed the cost of the fiscal note "with great ease."                                                                         
                                                                                                                                
8:39:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    JOSEPHSON   concluded    by   discussing    the                                                               
constitutionality of  creating a  new retirement plan  for public                                                               
safety  employees.   He  assured the  committee  that the  public                                                               
employees had always  been treated differently in  terms of their                                                               
retirement  system.   He  indicated that,  ultimately,  it was  a                                                               
policy call  for the legislature to  make.  He cited  a memo from                                                               
Legislative Legal Services that supported this position.                                                                        
                                                                                                                                
CHAIR MCCORMICK invited questions from committee members.                                                                       
                                                                                                                                
8:43:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  requested the  data that  put the  cost of                                                               
training for each firefighter at  $200,000.  He contended that it                                                               
did not cost $200,000 to train a 747 pilot.                                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON offered to provide the data.                                                                           
                                                                                                                                
REPRESENTATIVE  MCCABE  said,  "I  mean  actual  data,  not  just                                                               
PowerPoint slides.   Do you  have actual  data from the  state or                                                               
even from  the firefighters ? that  says it takes that  amount of                                                               
money?"                                                                                                                         
                                                                                                                                
REPRESENTATIVE JOSEPHSON  answered yes  and offered to  follow up                                                               
with  the  requested  information.   He  clarified  that  he  had                                                               
reported the cost of training at $100,000 to $200,000.                                                                          
                                                                                                                                
REPRESENTATIVE  MCCABE  asked whether  the  20  years of  service                                                               
included  time spent  working [as  a public  safety employee]  in                                                               
another state.                                                                                                                  
                                                                                                                                
REPRESENTATIVE JOSEPHSON  shared his belief that  the Division of                                                               
Retirement  and  Benefits  (DRB),  Department  of  Administration                                                               
(DOA), in  combination with each  agency, would compute  a unique                                                               
calculation   for  each   employee.     He   conveyed  that   the                                                               
stakeholders believed  that the retirement age  should be reduced                                                               
to 50 due  to the hardship on their bodies.   He welcomed further                                                               
discussion on that issue.                                                                                                       
                                                                                                                                
8:47:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  inquired about the  proportionality between                                                               
age of retirement  and length of service.  She  sought to confirm                                                               
that anyone  with 5-20 years of  service would retire at  age 65,                                                               
whereas a  person with 20-plus  years of service could  retire at                                                               
age 55.                                                                                                                         
                                                                                                                                
REPRESENTATIVE JOSEPHSON answered, "Correct."                                                                                   
                                                                                                                                
REPRESENTATIVE RUFFRIDGE asked what  would stop an employee under                                                               
the proposed  retirement system from  receiving a pension  at age                                                               
60 and still choosing to leave [the state.]                                                                                     
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   asked  Representative   Ruffridge  to                                                               
restate the question.                                                                                                           
                                                                                                                                
8:48:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE shared his  understanding that under the                                                               
current  defined contribution  plan, employees  were choosing  to                                                               
leave after becoming vested at  the five-year mark.  He suggested                                                               
that  under HB  22, an  individual  could also  leave after  five                                                               
years while still being credited with a pension at age 60.                                                                      
                                                                                                                                
REPRESENTATIVE    JOSEPHSON   acknowledge    the   accuracy    of                                                               
Representative Ruffridge's  statement; however, he said  it would                                                               
be "horrible" financial planning on the individual's behalf.                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE asked  the bill sponsor why  it would be                                                               
a bad decision to leave after five years.                                                                                       
                                                                                                                                
REPRESENTATIVE  JOSEPHSON responded  that  the  benefit for  five                                                               
years of service would not be significant.                                                                                      
                                                                                                                                
REPRESENTATIVE  MEARS  pointed  out that  a  person's  retirement                                                               
benefit was proportional to length of service.                                                                                  
                                                                                                                                
8:49:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  stated  his  support  for  public  service                                                               
employees.  He  asked whether this cohort  of employees underwent                                                               
a third-party exit interview process  that verified their reasons                                                               
for leaving  the state.   He expressed  a desire  to authenticate                                                               
the statement that people were  leaving because of the retirement                                                               
plan.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  JOSEPHSON stated  that  the data  existed in  the                                                               
Department of  Public Safety (DPS)  reports, which he  offered to                                                               
provide to the  committee.  He added that  collectively, the data                                                               
supported   the  anecdotal   information   [that  public   safety                                                               
employees  were  leaving  because   of  the  existing  retirement                                                               
system].                                                                                                                        
                                                                                                                                
8:52:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE directed  attention to  Section 21  of the                                                               
bill, which provided that a  terminated employee who first became                                                               
a member  after June  30, 2006,  would be  eligible for  a normal                                                               
retirement benefit.  He inquired  about the retroactive component                                                               
for firefighters who left the state during that 16-year period.                                                                 
                                                                                                                                
REPRESENTATIVE  JOSEPHSON stated  that  there would  be a  90-day                                                               
window in  which the state invited  a transition from Tier  IV to                                                               
Tier V.   He shared his  understanding that a person  who left in                                                               
2016 would  not be  eligible to claim  a defined  benefit without                                                               
reapplying for inactive service.                                                                                                
                                                                                                                                
REPRESENTATIVE MCCABE anecdotally reported  that Tier I employees                                                               
had returned  to state employment  after 25 years to  qualify for                                                               
the  retirement and  benefits.    He asked  whether  HB 22  would                                                               
account for a  similar situation.  Additionally, on  the topic of                                                               
constitutionality, he  asked what would stop  teachers from suing                                                               
the state for equal benefits.                                                                                                   
                                                                                                                                
REPRESENTATIVE JOSEPHSON  pointed out that a  former employee who                                                               
wanted  to return  to  state  service would  need  to prove  that                                                               
he/she could  still be  an effective public  safety officer.   He                                                               
emphasized  that   the  bill   had  been   vetted  by   both  the                                                               
firefighter's actuary, William ("Flick")  Fornia, and the state's                                                               
actuary,  [Buck  Global  LLC].    In  response  to  the  question                                                               
regarding the potential  for teachers to sue the  state, he said,                                                               
"you can sue  over anything."  He highlighted  a disincentive for                                                               
suing, known  as, "Rule 82," which  speaks to the risk  of losing                                                               
and  paying for  the  other  side's attorney  fees.   He  assured                                                               
committee  members  that if  teachers  were  to bring  litigation                                                               
against the state,  the state would assign  an assistant attorney                                                               
general to fight the case, "and they would win," he said.                                                                       
                                                                                                                                
8:58:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY suggested  that the  bill, should  it pass,                                                               
would open the  door for all state employees and  teachers in the                                                               
state of  Alaska to demand  the same  benefits, which would  be a                                                               
tremendous  financial burden  on the  state, he  said.   For that                                                               
reason, he stated that he was hesitant to advance the bill.                                                                     
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  clarified   that  the  22,000  figure,                                                               
[which captured  the total number  of state  employees], included                                                               
teachers.   Further,  he emphasized  that  teachers were  already                                                               
demanding   better  benefits,   indicating   that  the   proposed                                                               
legislation wouldn't change anything in that regard.                                                                            
                                                                                                                                
9:01:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT, in  response to  Representative McKay,                                                               
estimated a  total of  13,000 teachers in  Alaska.   She remarked                                                               
that  the education  sector was  facing  the same  issues as  the                                                               
public safety sector.  She inquired  about the purpose of "age 60                                                               
with 5 years  of credited service, as opposed to  just having age                                                               
55 with 20 years of service."                                                                                                   
                                                                                                                                
REPRESENTATIVE JOSEPHSON  was unsure  of the  answer.   He shared                                                               
his  understanding that  age  60  with 5  years  of service  was,                                                               
effectively, the  "floor."  He  deferred to his  staff, Anneliese                                                               
Roberts.                                                                                                                        
                                                                                                                                
9:02:35 AM                                                                                                                    
                                                                                                                                
ANNELIESE ROBERTS,  Staff, Representative Andy  Josephson, Alaska                                                               
State Legislature,  on behalf of Representative  Josephson, prime                                                               
sponsor of HB  22, clarified that an employee  would become fully                                                               
vested after five years of service.                                                                                             
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  surmised that an employee  could work a                                                               
minimum  of five  years at  any point  in his/her  life; however,                                                               
that individual would not receive any benefit until age 60.                                                                     
                                                                                                                                
MS. ROBERTS answered yes.                                                                                                       
                                                                                                                                
9:03:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  asked  whether   a  state  could  declare                                                               
bankruptcy under [Chapter 9, Title  11, of the United States Code                                                               
(U.S.C.)].                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOSEPHSON said he did not know the answer.                                                                       
                                                                                                                                
REPRESENTATIVE  MCCABE shared  his belief  that the  question was                                                               
germane because  defined benefit plans had  driven many companies                                                               
into bankruptcy.                                                                                                                
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  pointed out  that the  state was  not a                                                               
company.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  MCCABE  agreed;  however,   similar  to  a  large                                                               
company,  he said,  the state  was a  financial entity  that paid                                                               
employees  money.   He asked  how Alaska  would reconcile  if the                                                               
proposed retirement  plan, in addition  to the  existing unfunded                                                               
liability, became too burdensome.                                                                                               
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asserted  that  the  scenario posed  by                                                               
Representative McCabe would  never come to pass, as  the plan had                                                               
been vetted  multiple times.  He  reiterated that HB 22  was more                                                               
modest than  Tier III  and included  levers, which  would require                                                               
retirees and active  workers to increase payments  to the system.                                                               
He  said it  was highly  unlikely that  the proposed  legislation                                                               
would create fiscal instability.                                                                                                
                                                                                                                                
9:07:03 AM                                                                                                                    
                                                                                                                                
MS. ROBERTS  presented a  PowerPoint presentation,  titled "House                                                               
Bill 22."   She  highlighted noteworthy sections  in the  bill on                                                               
slide 2, which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section  14: Allows  employee contribution  rate to  be                                                                    
     increased from 8% to 10% if needed.                                                                                        
                                                                                                                                
     Section 18:  Sets employer contribution at  22%- 12% to                                                                    
     employee and 10% remaining to unfunded liability.                                                                          
                                                                                                                                
     Section 21:  Establishes age of retirement  at 55 years                                                                    
     with 20  years of service or  60 years with 5  years of                                                                    
     service.                                                                                                                   
                                                                                                                                
     Section  25: Allows  for  the  post retirement  pension                                                                    
     adjustment  to  be withheld  in  the  plan if  unfunded                                                                    
     liability on the new tier is greater than 10%.                                                                             
                                                                                                                                
     Section  29:  New   section  outlines  medical  benefit                                                                    
     eligibility for the new tier.                                                                                              
                                                                                                                                
     Section 30: Outlines  the "high five" rule  for the new                                                                    
     tier.                                                                                                                      
                                                                                                                                
     Sections 35  and 36:  Uncodified sections  that outline                                                                    
     process  for current  employees to  buy in  to the  new                                                                    
     tier.                                                                                                                      
                                                                                                                                
9:08:17 AM                                                                                                                    
                                                                                                                                
MS. ROBERTS continued  to slide 3, which  illustrated the history                                                               
of legislation put forward to  address the "public safety pension                                                               
fix."  Slide 4 detailed Tier  IV, which read as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
       401(a) is made up of 13% of payroll:  Employee=8%,                                                                       
     Employer=5%                                                                                                                
                                                                                                                                
     HRA = 3% of average PERS salary                                                                                            
                                                                                                                                
     Medicare coverage with 25 years of service for Public                                                                      
     Safety                                                                                                                     
                                                                                                                                
     Disability similar to Tier III                                                                                             
                                                                                                                                
         Most municipal employees not covered by Social                                                                       
     Security or SBS                                                                                                          
                                                                                                                                
9:08:55 AM                                                                                                                    
                                                                                                                                
MS.  ROBERTS  proceeded  to  slide 5,  which  pictured  a  tabled                                                               
comparison of existing  Tiers.  Slide 6  featured media headlines                                                               
to emphasize  the retention issues  with Tier IV.   The headlines                                                               
read: "Police  union urges city  action amid dwindling  number of                                                               
officers;"  "OPINION:  First  responder retirement  reforms  will                                                               
help  Alaska  retain  talent,  save   money;"  and  "With  Alaska                                                               
struggling to  hire, state  legislators consider  revived pension                                                               
plans for public employees."                                                                                                    
                                                                                                                                
9:09:36 AM                                                                                                                    
                                                                                                                                
MS.   ROBERTS  listed   additional  issues   with  Tier   IV                                                                    
retirement on slide  7, including: recruitment difficulties,                                                                    
retention  costs, workers'  compensation costs,  operational                                                                    
capabilities, and  unforeseen costs.   She  conveyed further                                                                    
inadequacies of  Tier IV on  slide 8, which read  as follows                                                                    
[original punctuation provided]:                                                                                                
                                                                                                                                
      William Fornia of Pension Trust Advisors says Tier 4                                                                      
     will replace 31% of income after 25 years.                                                                                 
                                                                                                                                
      DOA estimated 38.5% income replacement-Used a fixed                                                                       
     time frame of 30 years.                                                                                                    
                                                                                                                                
     Bob Mitchell,  the CIO of  the State of Alaska  put the                                                                    
     probability  of   a  25-year  Public   Safety  employee                                                                    
     replacing 70% of income for 30 years at 6% and a 30-                                                                       
     year employee at 22%.                                                                                                      
                                                                                                                                
9:10:25 AM                                                                                                                    
                                                                                                                                
MS. ROBERTS, referring to slide 9,  noted that HB 22 would affect                                                               
the  2,358 peace  officers and  firefighters, as  opposed to  all                                                               
22,129  state  employees.     She  highlighted  cost  containment                                                               
measures in  HB 22 on slide  10, which read as  follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Reduces benefits significantly from Tier III                                                                               
                                                                                                                                
     Plan  built  on   more  conservative  assumptions  with                                                                    
     reasonable costs                                                                                                           
                                                                                                                                
     Requires  a steady  level  of  contributions from  both                                                                    
     employee and employer                                                                                                      
                                                                                                                                
     Includes   mechanisms   for    dealing   with   adverse                                                                    
     experience                                                                                                                 
                                                                                                                                
     Shares risk between employees, employers, and retirees                                                                     
                                                                                                                                
9:11:25 AM                                                                                                                    
                                                                                                                                
MS.  ROBERTS  referred  to  slide 11  and  listed  the  following                                                               
benefit   reduction  in   Tier  V:   No  pre-Medicare   coverage;                                                               
elimination of  the 10 percent  COLA [cost of  living adjustment]                                                               
on pensions; final calculation based  on five years as opposed to                                                               
three  years; requires  a  minimum age  of 55  with  20 years  of                                                               
service to  collect benefits.   She  concluded by  outlining best                                                               
practices  on   slide  12,  which   read  as   follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Built on a lower expected rate of return-7%                                                                                
                                                                                                                                
     Require   steady   contribution  from   employees   and                                                                    
     employers                                                                                                                  
                                                                                                                                
     Allow the  employee contribution  to go  up to  10% but                                                                    
     not fall below 8%                                                                                                          
                                                                                                                                
     Allow  the PRPA  (inflation  proofing)  to be  withheld                                                                    
     when funding falls below 90%                                                                                               
                                                                                                                                
     Replicates Tier IV defined contribution medical                                                                            
                                                                                                                                
     Reasonable employer costs                                                                                                  
                                                                                                                                
CHAIR MCCORMICK invited questions from committee members.                                                                       
                                                                                                                                
9:12:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE shared his understanding  that at age 65, a                                                               
Tier I  retiree was covered by  Medicare.  He asked  whether that                                                               
would stand  under HB 22 and  sought clarification on the  gap in                                                               
benefits that the bill sponsor had referenced.                                                                                  
                                                                                                                                
REPRESENTATIVE JOSEPHSON considered the  example of a firefighter                                                               
who began working  at age 22.   He explained that at  age 42, the                                                               
firefighter would need  to wait 13 years to draw  retirement.  He                                                               
stated  that  the  bill  would not  solve  the  retirees'  health                                                               
insurance problem;  it would, however,  act as a  gesture towards                                                               
finding a solution.                                                                                                             
                                                                                                                                
REPRESENTATIVE  MCCABE   inquired  about  [the   average  monthly                                                               
compensation based on the highest  five consecutive payroll years                                                               
during the employee's  career] and asked whether  the purpose was                                                               
to smooth or reduce the average.                                                                                                
                                                                                                                                
REPRESENTATIVE JOSEPHSON indicated that  in contrast to the "high                                                               
three," the "high  five" rule was generally a cost  reducer and a                                                               
method  for  retaining workers,  as  it  would disincentivize  an                                                               
employee from leaving after peak earnings.                                                                                      
                                                                                                                                
9:16:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE, referring  to medical  coverage, asked                                                               
whether an employee  could stay enrolled in the  state plan after                                                               
retiring if he/she paid for the cost of the plan.                                                                               
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  confirmed.     He   added  that   the                                                               
employee's HRA  might pay for  three years of  premiums; however,                                                               
the employee  would need to find  another job or be  added onto a                                                               
spouse's plan if he/she wanted to maintain coverage.                                                                            
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  sought  to  confirm that  the  gap  in                                                               
benefits still  existed at  age 55 or  60; however,  the employee                                                               
could  draw  from retirement  to  pay  for  premiums.   He  asked                                                               
whether that was correct.                                                                                                       
                                                                                                                                
REPRESENTATIVE JOSEPHSON acknowledged that  it was a possibility,                                                               
but  paying for  premiums would  drain the  employee's retirement                                                               
plan.                                                                                                                           
                                                                                                                                
REPRESENTATIVE   RUFFRIDGE   pointed   out  that   the   proposed                                                               
legislation would  encourage retired  public safety  employees to                                                               
find another  career in  state service to  gain access  to health                                                               
coverage  [during the  gap years].    He described  this as  "the                                                               
career after the career."                                                                                                       
                                                                                                                                
9:20:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  sought  to   confirm  that  there  was                                                               
evidence of public safety workers  leaving because of the current                                                               
retirement  and benefits  plan.   She asked  the bill  sponsor to                                                               
distribute the supportive data to the committee.                                                                                
                                                                                                                                
REPRESENTATIVE JOSEPHSON offered to  follow up with the requested                                                               
information.                                                                                                                    
                                                                                                                                
9:21:39 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:21 p.m. to 9:24 p.m.                                                                       
                                                                                                                                
9:24:27 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK introduced invited testifier, Dominic Lozano.                                                                   
                                                                                                                                
9:24:39 AM                                                                                                                    
                                                                                                                                
DOMINIC  LOZANO,  President,  Alaska Professional  Fire  Fighters                                                               
Association,  directed attention  to  a PowerPoint  presentation,                                                               
titled "Costs of  Maintaining the Status Quo."   He believed that                                                               
Alaska  was  in  this  position today  because  of  the  unfunded                                                               
liability.      He   explained  that   initially,   the   defined                                                               
contribution  retirement system  was  believed to  be a  portable                                                               
option for public safety workers;  however, shortly after 2006, a                                                               
significant number of  employees began to leave  the state, which                                                               
was negatively  impacting important  factors, like the  number of                                                               
experienced officers and time on the  job.  He indicated that the                                                               
decrease in retention  and recruitment started to  create a hole,                                                               
or "hollowing out."   He cited a study conducted  in 2020 by DPS,                                                               
which looked at  why people were leaving the state.   He reported                                                               
that  retirement  was  among  the   top  reasons.    He  directed                                                               
attention  to  slide 2,  which  listed  the following  unintended                                                               
consequences   of  Tier   IV  for   public  safety:   recruitment                                                               
difficulties, retention costs, workers compensation costs, and                                                                  
unforeseen costs.                                                                                                               
                                                                                                                                
9:28:16 AM                                                                                                                    
                                                                                                                                
MR. LOZANO referred to slides  3 and 4, which featured statements                                                               
from  police  and  fire  chiefs   that  highlighted  issues  with                                                               
recruitment and retention.  Slides  3-4 read as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     RECRUITMENT DIFFICULTIES                                                                                                   
                                                                                                                                
     "Alaska cannot  compete with agencies  offering defined                                                                    
     benefit  plans.   This has  left us  with vacancies  in                                                                    
     multiple  academies  as  applicants  decide  to  pursue                                                                    
     careers elsewhere."     APD  Police Chief  Justin Doll,                                                                    
     Ret.                                                                                                                       
                                                                                                                                
     "The  number  of individuals  wanting  to  work at  the                                                                    
     Fairbanks  Fire  Department  has  declined  drastically                                                                    
     over  the last  several years"      FFD Fire  Chief Jim                                                                    
     Styers                                                                                                                     
                                                                                                                                
     Our  firefighter  alumni  populate most  Alaska  career                                                                    
     fire departments.   The  42 young men  and women  in my                                                                    
     program are  far more aware  of financial  planning and                                                                    
     retirement concerns  than I  was at their  age.   It is                                                                    
     troubling  that the  majority of  them are  testing and                                                                    
     interviewing for  jobs in other  states." -  Former UFD                                                                    
     Fire Chief Doug Schrage                                                                                                    
                                                                                                                                
     RETENTION                                                                                                                  
                                                                                                                                
     "?  the   inability  to   provide  a   defined  benefit                                                                    
     retirement  system   have  placed  the   department  at                                                                    
     critically low staffing levels."    DPS Recruitment and                                                                    
     Retention Plan Overview 2018-2023                                                                                          
                                                                                                                                
     "We  are  seeing  our highly  trained,  qualified,  and                                                                    
     experienced  officers leave  APD to  work out  of state                                                                    
     for   other    law   enforcement    agencies   offering                                                                    
     competitive defined benefit  retirement systems."   APD                                                                    
     Police Chief Justin Doll                                                                                                   
                                                                                                                                
     "The  turnover of  career staff  appears to  be higher                                                                     
     compared with other  clients.  Turnover not  only has a                                                                    
     financial effect  on the department, but  it also loses                                                                    
     valuable experience."    Fitch &  Associates consultant                                                                    
     report Capital City Fire and Rescue                                                                                        
                                                                                                                                
MR. LOZANO indicated  that the new hybrid  retirement plan option                                                               
proposed in  HB 22 was  constructed from best practices  in other                                                               
states.                                                                                                                         
                                                                                                                                
9:32:00 AM                                                                                                                    
                                                                                                                                
MR. LOZANO  conveyed that one  of the unforeseen  consequences of                                                               
Tier IV  was that it  created older  public safety officers.   He                                                               
detailed workers  compensation costs  on slide  5, which  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Firefighters  particularly   prone  to  musculoskeletal                                                                    
     disorders (MSDs)                                                                                                           
                                                                                                                                
     "Firefighters age 55 and older  have an MSD injury rate                                                                    
     that   is   more   that   double   that   of   youngest                                                                    
     firefighters,  and more  than  ten  times greater  than                                                                  
     that of private-sector workers of same age                                                                               
                                                                                                                                
     "It is apparent that  older firefighters are associated                                                                    
     with much  higher rates of reported  workplace injuries                                                                    
     than  both  younger  firefighters  and  private  sector                                                                    
     workers.                                                                                                                   
                                                                                                                                
     "This is  consistent with the notion  that the rigorous                                                                    
     physical  demands  of   firefighting  subject  them  to                                                                    
     trauma  throughout  their  working lives,  making  them                                                                    
     more subject to MSDs in later years.                                                                                       
                                                                                                                                
     Rand  Corporation  study  on  California  fire  fighter                                                                    
     workers' compensation injuries                                                                                             
                                                                                                                                
9:33:44 AM                                                                                                                    
                                                                                                                                
MR.  LOZANO  continued  to  slide   6,  which  listed  additional                                                               
unforeseen  costs,  including  increased overtime  costs  due  to                                                               
inadequate   staffing;   increased   training  costs;   loss   of                                                               
operational   capabilities;  loss   of   experience  and   future                                                               
leadership; rise in organizational stress levels.                                                                               
                                                                                                                                
9:35:10 AM                                                                                                                    
                                                                                                                                
MR.  LOZANO emphasized  that recruitment  and retention  problems                                                               
would  only increase.   He  referred to  slide 7,  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Current    recruitment    &   retention    difficulties                                                                    
     highlighted  by  DPS,  DOC,  and  Chief  Officers  from                                                                    
     across  the   state  are   occurring  with   40-50%  of                                                                    
     workforce in DB system                                                                                                     
     Tier  4  currently makes  up  50-60%  of public  safety                                                                    
     workforce                                                                                                                  
     The problems will be magnified  as the Tier 4 workforce                                                                  
     population grows                                                                                                           
     A   100%  portable   public  safety   workforce  is   a                                                                    
     frightening  thought  for  Chief  Officers  around  the                                                                    
     state                                                                                                                      
                                                                                                                                
9:36:12 AM                                                                                                                    
                                                                                                                                
MR.  LOZANO advanced  to slide  8, reporting  that the  number of                                                               
public  safety employees  in  Alaska was  3,400  and the  average                                                               
training cost for  each was $120,000.  He noted  that the cost of                                                               
training varied by agency.   He discussed the cost of maintaining                                                               
the  status quo  on  slide  9, which  read  as follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     DPS &  DOC have  testified to  the Legislature  of non-                                                                  
     retirement separations greater than 6%                                                                                   
                                                                                                                                
     This is  at a time when  Tier 4 makes up  less than 60%                                                                    
     of overall public safety workforce                                                                                         
                                                                                                                                
     Here we will examine costs  of Alaska losing 1%, 2% and                                                                  
     3% of a Tier 4 public safety workforce each year                                                                         
                                                                                                                                
     We will use a conservative  training cost of $120,000 ,                                                                    
     not increased for inflation over a 20-year period                                                                          
                                                                                                                                
MR. LOZANO,  referring to  slides 10-12,  calculated the  cost to                                                               
the state if 1 percent, 2  percent, or 3 percent of the workforce                                                               
were  to  leave.     Slides  10-12  read   as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     1% of Workforce Leaving                                                                                                    
                                                                                                                                
     3,400 x 0.01 = 34 employees                                                                                              
     34 x $120,000 = $4,080,000 cost per year                                                                                 
     5 x $4,080,000 = $20,400,000 5-year cost                                                                                 
     20 x $4,080,000 = $81,600,000 20-year cost                                                                               
                                                                                                                                
     2% of Workforce Leaving                                                                                                    
                                                                                                                                
     3,400 x 0.02 = 68 employees                                                                                              
     68 x $120,000 = $8,160,000 cost per year                                                                                 
     5 x $8,160,000 = $40,800,000 5-year cost                                                                                 
     20 x $8,160,000 = $160,200,000 20-year cost                                                                              
                                                                                                                                
     3% of Workforce Leaving                                                                                                    
                                                                                                                                
     3,400 x 0.03 = 102 employees                                                                                             
     102 x $120,000 = $12,240,000 cost per year                                                                               
     5 x $12,240,000 = $61,200,000 5-year cost                                                                                
     20 x $12,240,000 = $244,800,000 20-year cost                                                                             
                                                                                                                                
9:41:09 AM                                                                                                                    
                                                                                                                                
MR.   LOZANO  proceeded   to  slide   13,  indicating   that  the                                                               
aforementioned costs only represented  one aspect of the problems                                                               
that  would  result  from  non-retirement  separation  of  public                                                               
safety  employees.   He  emphasized that  the  cost of  employees                                                               
leaving greatly  outweighed the  cost of  HB 22.   He  noted that                                                               
after facing similar experiences,  other jurisdictions across the                                                               
country had restored a system  of defined benefits.  He concluded                                                               
on slide  14, highlighting the  shared interest in  ensuring that                                                               
quality  employees filled  the ranks  of  Alaska's public  safety                                                               
institutions.   He posited that  adopting an  adequate retirement                                                               
plan with  reasonable costs,  fair benefits,  and a  shared risk,                                                               
would help the mission.                                                                                                         
                                                                                                                                
9:43:11 AM                                                                                                                    
                                                                                                                                
CHAIR  MCCORMICK invited  former Representative  Chuck Kopp,  who                                                               
sponsored a  previous version of  the legislation in  the Thirty-                                                               
First Alaska State Legislature, to provide additional comments.                                                                 
                                                                                                                                
9:43:26 AM                                                                                                                    
                                                                                                                                
CHARLES   KOPP,   Owner,   Winfluence  Strategies,   shared   his                                                               
background in public  safety.  He spoke to the  gap in experience                                                               
and age in departments across  Alaska due to high turnover within                                                               
0-7  years  on the  job.    He  discussed pervasive  problems  in                                                               
society and the nature of  a career public safety, which entailed                                                               
risk of  injury and  even death,  suggesting that  dangerous jobs                                                               
were becoming  less appealing.   He  cited a  joint op-ed  by the                                                               
commissioner  of  DPS  and  the   governor  that  recognized  the                                                               
statewide recruitment  and retention issues in  the public safety                                                               
sector.  He  concluded by emphasizing that the  bill was fiscally                                                               
conservative   and  pointed   out  that   a  police   officer  or                                                               
firefighter who retired in his/her  late forties would still have                                                               
to wait 13 years to draw from the pension.                                                                                      
                                                                                                                                
9:48:57 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK invited questions from committee members.                                                                       
                                                                                                                                
9:49:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  sought to  confirm  that  Mr. Lozano  had                                                               
stated that the attrition rate was 6 percent.                                                                                   
                                                                                                                                
MR. LOZANO clarified that 6 percent  was a figure provided by DPS                                                               
in 2020 that pertained to nonretirement separations.                                                                            
                                                                                                                                
REPRESENTATIVE MCCABE share  his belief that the  "churn" [gap in                                                               
age and experience]  was emblematic of a  younger generation that                                                               
was  less loyal  than  his  generation.   He  inquired about  the                                                               
attrition rate  in the 1990-2000s  and requested a graph  of that                                                               
data.  Additionally, he considered  the example of Detroit filing                                                               
for bankruptcy  and questioned what  would happen if  Alaska were                                                               
to run out of money.                                                                                                            
                                                                                                                                
MR. LOZANO  responded, emphasizing  the solvency of  the proposed                                                               
retirement  plan.   He reiterated  the importance  of the  levers                                                               
included  in   HB  22,  such  as   withholding  the  post-pension                                                               
retirement  adjustments (PRPA)  below 90  percent and  increasing                                                               
the  employee   contribution  rates,  which  would   function  as                                                               
safeguards  to  ensure adequate  funding  if  the state  were  in                                                               
trouble  by spreading  the risk  over multiple  generations.   He                                                               
indicated that  the smoothing effect  was a benefit of  a defined                                                               
benefits system to withstand market fluctuations.                                                                               
                                                                                                                                
9:56:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  inquired  about the  impact  to  rural                                                               
Alaska from the lack of a defined benefit system.                                                                               
                                                                                                                                
MR.    LOZANO    stated    that    smaller    departments    were                                                               
disproportionately  impacted.    He   indicated  that  a  defined                                                               
benefit  system  would incentivize  employees  to  stay in  those                                                               
small communities  for the entirety  of their career  without the                                                               
financial pressure  of low pay and  poor benefits.  He  cited the                                                               
results of a  state-run study, which found  that firefighters who                                                               
worked  a 25-year  career had  a 6  percent chance  of retirement                                                               
stability.                                                                                                                      
                                                                                                                                
9:59:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  inquired  about  alternative  options  for                                                               
addressing the  problem, such as  increased pay or  more vacation                                                               
time.                                                                                                                           
                                                                                                                                
MR.  LOZANO reiterated  that Alaska  was  the only  state with  a                                                               
defined  contribution plan  for all  employees.   He pointed  out                                                               
that Utah,  for example, had  a defined contribution  system that                                                               
offered a  12 percent  contribution rate  to the  employee, which                                                               
was not enough.  He reported  that ultimately, Utah returned to a                                                               
defined benefit system.  He  cited findings from a thinktank that                                                               
analyzed  retirement incentives,  indicating that  for a  defined                                                               
contribution retirement  system to  succeed in the  public safety                                                               
sector, the contribution rate would  need to be 25-30 percent due                                                               
to the  shortened career  span.  He  pointed out  that increasing                                                               
pay by  25-30 percent would  be more expensive than  the proposal                                                               
outlined in HB 22.                                                                                                              
                                                                                                                                
10:02:24 AM                                                                                                                   
                                                                                                                                
CHAIR MCCORMICK [announced that HB 22 would be held over.]                                                                      

Document Name Date/Time Subjects
HB 22 Sponsor Presentation.pptx HCRA 1/24/2023 8:00:00 AM
HB 22
HB 22 Sectional Analysis CRA.pdf HCRA 1/24/2023 8:00:00 AM
HB 22
HB 22 Sponsor Statement CRA.pdf HCRA 1/24/2023 8:00:00 AM
HB 22
HB 22 Supporting Document - Retention Cost Presentation - Dominic Lozano.pptx HCRA 1/24/2023 8:00:00 AM
HB 22