Legislature(2005 - 2006)HOUSE FINANCE 519

04/19/2006 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 475 PUB EMPLOYEE & TEACHER RETIREMENT & SBS TELECONFERENCED
Moved CSHB 475(FIN) Out of Committee
-- Testimony <Invitation Only> --
+ HB 325 POST-CONVICTION DNA TESTING TELECONFERENCED
Moved CSHB 325(FIN) Out of Committee
+ SB 55 AGRICULTURAL LAND TELECONFERENCED
<Bill Hearing Postponed>
+ SB 200 USE OF FORCE TO PROTECT SELF/HOME TELECONFERENCED
<Bill Hearing Postponed>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 29 HEALTH CARE INSUR./COMP HEALTH INS. ASSN TELECONFERENCED
<Bill Hearing Postponed>
+= HB 399 ELDER FRAUD AND ASSISTANCE/OPA TELECONFERENCED
Moved CSHB 399(FIN) Out of Committee
HOUSE BILL NO. 475                                                                                                            
                                                                                                                                
     "An   Act  describing   contributions   to  the   health                                                                   
     reimbursement arrangement  plan for certain teachers and                                                                   
     public employees; clarifying  eligibility for membership                                                                   
     in that health reimbursement  arrangement plan; relating                                                                   
     to  the   'administrator'   of  the  Public   Employees'                                                                   
     Retirement  System  of  Alaska;  and  providing  for  an                                                                   
     effective date."                                                                                                           
                                                                                                                                
3:20:43 PM                                                                                                                    
                                                                                                                                
At-Ease                                                                                                                         
                                                                                                                                
3:21:53 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula MOVED  Amendment #2,  24-LS1685\L.1,                                                                   
Wayne, 4/11/06:                                                                                                                 
                                                                                                                                
     Page 2, line 2, following "program;":                                                                                    
     Insert  "providing  for an  effective  date by  amending                                                                 
     sec.  148,   ch.  9,  FSSLA  2005,  which   contains  an                                                                 
     effective date;"                                                                                                         
                                                                                                                                
     Page 2, following line 3:                                                                                                  
     Insert new bill sections to read:                                                                                          
    "* Section 1. AS 14.25.009 is amended to read:                                                                          
          Sec. 14.25.009. Applicability of AS 14.25.009 -                                                                     
     14.25.220.  The provisions  of AS 14.25.009 -  14.25.220                                                                 
     apply only  to members first  hired before  July 1, 2008                                                               
     [2006].                                                                                                                    
    * Sec. 2. AS 14.25.012(c) is amended to read:                                                                             
          (c)  Employees first hired after June 30, 2008                                                                    
     [2006],  are not  eligible  to participate  in the  plan                                                                   
     established in AS 14.25.009 - 14.25.220."                                                                                  
                                                                                                                                
     Page 2, line 4:                                                                                                            
     Delete "Section 1"                                                                                                       
     Insert "Sec. 3"                                                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, following line 12:                                                                                                 
     Insert a new bill section to read:                                                                                       
    "* Sec. 7. AS 14.25.310 is amended to read:                                                                               
          Sec. 14.25.310. Applicability of AS 14.25.310 -                                                                     
     14.25.590.  The provisions  of AS 14.25.310 -  14.25.590                                                                 
     apply only  to teachers who  first become members  on or                                                                   
     after July  1, 2008 [2006],  or to members  who transfer                                                               
     into the defined contribution  plan under AS 14.25.540."                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
Representative Kerttula  explained  that the  amendment  is a                                                                   
two-year delay to  enable more work to be done  on the issues                                                                   
just  mentioned.   It  would allow  time  for corrections  of                                                                   
numerous problems  and time for  a reasonable decision  to be                                                                   
made.                                                                                                                           
                                                                                                                                
3:23:24 PM                                                                                                                    
                                                                                                                                
At-Ease                                                                                                                         
                                                                                                                                
3:25:15 PM                                                                                                                    
                                                                                                                                
Representative Kerttula  clarified  that the amendment  would                                                                   
delay the Committee Substitute for two years.                                                                                   
                                                                                                                                
REPRESENTATIVE PAUL  SEATON commented that Amendment  2 would                                                                   
delay SB  141 for two  years.  He noted  that that HB  475 is                                                                   
for technical  cleanups  to SB  141, and the  amendment  is a                                                                   
definite policy change,  rather than a technical  change.  He                                                                   
proposed  that the other  body and  the Administration  would                                                                   
not agree  with the  amendment, and it  would prevent  HB 475                                                                   
from going into affect.  He suggested  that this would create                                                                   
compliance   problems   with  the   IRS,   and  prevent   the                                                                   
establishment of a new Tier Five.                                                                                               
                                                                                                                                
3:27:30 PM                                                                                                                    
                                                                                                                                
Representative Kelly commented   that  the  amendment   would                                                                   
cause  implementation problems  and  is irresponsible,  since                                                                   
Retirement and Benefits has already  been tasked with the job                                                                   
to  implement  SB  141  smoothly.     He  proposed  that  the                                                                   
legislature  should  take  advantage   of  the  work  already                                                                   
completed.   He  suspected that  there would  be attempts  to                                                                   
bring  more people  into the  plan, and  suggested that  this                                                                   
would not, in affect, occur.                                                                                                    
                                                                                                                                
3:29:27 PM                                                                                                                    
                                                                                                                                
At-Ease                                                                                                                         
                                                                                                                                
3:37:06 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  offered  a  Conceptual  Amendment  to                                                                   
Amendment 2  to delay the implementation  one year to  July 1                                                                   
of 2007.                                                                                                                        
                                                                                                                                
Representative Kelly OBJECTED  to the Conceptual Amendment to                                                                   
Amendment 2.   He maintained  that the implementation  should                                                                   
not be delayed at all.                                                                                                          
                                                                                                                                
Representative  Hawker spoke to  the Conceptual  Amendment to                                                                   
Amendment 2.   He  referred to last  year's testimony  on the                                                                   
bill stating no  need for changes to be made.   Now there are                                                                   
34  pages  in HB  475  to  correct  issues.   He  pointed  to                                                                   
extensive  testimony   about  unknown  liabilities   and  IRS                                                                   
issues.   He  maintained that  a  2-year deferral  is a  very                                                                   
comfortable deferral  in order to resolve the  many problems.                                                                   
The  Conceptual  Amendment  offers  a  more  reasonable  time                                                                   
period  to  clean  up  issues.    He  termed  it  a  sensible                                                                   
approach.                                                                                                                       
                                                                                                                                
Representative Kelly  said if SB  141 is delayed,  over 8,000                                                                   
new employees will  come into this failed system.   He voiced                                                                   
concern  about  the  $5.7 billion  unfunded  liability.    He                                                                   
emphasized  that it is  irresponsible to  delay the  bill any                                                                   
longer.                                                                                                                         
                                                                                                                                
3:44:29 PM                                                                                                                    
                                                                                                                                
Representative Hawker  offered a point of clarification.   He                                                                   
indicated  that the governor's  budget  had 400 employees  in                                                                   
it.   He  questioned  the number  of employees  mentioned  by                                                                   
Representative  Kelly.    Co-Chair Meyer  clarified  that  it                                                                   
would    be    4,000    employees     statewide,    including                                                                   
municipalities.                                                                                                                 
                                                                                                                                
Representative  Seaton said  the number  is about 4,400  per-                                                                   
year turnover  of new employees.   He clarified  that changes                                                                   
to  SB 141  that were  made on  the floor  and in  conference                                                                   
committees added complexity to  the bill.  Those are what are                                                                   
being cleared up in HB 475.                                                                                                     
                                                                                                                                
A  roll call  vote  was  taken on  the  motion  to ADOPT  the                                                                   
Conceptual Amendment to Amendment 2.                                                                                            
                                                                                                                                
IN FAVOR: Hawker, Joule, Kerttula, Moses                                                                                        
                                                                                                                                
OPPOSED:  Foster,  Holm, Kelly,  Stoltze,  Wehyrauch,  Meyer,                                                                   
Chenault                                                                                                                        
                                                                                                                                
The MOTION FAILED 4-7.                                                                                                          
                                                                                                                                
3:47:46 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula addressed  Amendment 2.   She  noted                                                                   
that it  would be responsible to  work for two years  more on                                                                   
the bill.   Representative Hawker  stated strong  support for                                                                   
Amendment  2.     It  is  the  financially   responsible  and                                                                   
conservative  approach  to  properly   implement  the  policy                                                                   
decision made last year to adopt SB 141.                                                                                        
                                                                                                                                
A roll call vote  was taken on the motion to  ADOPT Amendment                                                                   
2.                                                                                                                              
                                                                                                                                
IN FAVOR: Hawker, Joule, Kerttula, Moses                                                                                        
OPPOSED:  Weyhrauch,  Foster,  Holm, Kelly,  Stoltze,  Meyer,                                                                   
Chenault                                                                                                                        
                                                                                                                                
The MOTION FAILED 4-7.                                                                                                          
                                                                                                                                
Representative Joule MOVED to ADOPT Amendment 3:                                                                                
                                                                                                                                
     Page 2, line 15, following "AS 14.25.065.":                                                                            
     Insert "The maximum change  in the contribution rate for                                                               
     an employer from one year  to the next shall be not more                                                               
     than five percentage points,  as actuarially calculated,                                                               
     whether the change is an increase or a decrease."                                                                      
                                                                                                                                
     Page 3, line 1:                                                                                                            
     Delete "The"                                                                                                               
     Insert  "Subject  to the  limitation  on maximum  change                                                                   
     from one  year to  the next under  (a) of this  section,                                                                   
     the"                                                                                                                       
                                                                                                                                
     Page 16, line 2, following "section.":                                                                                     
     Insert "The maximum change  in the contribution rate for                                                               
     an employer from one year  to the next shall be not more                                                               
     than five percentage points,  as actuarially calculated,                                                               
     whether the change is an increase or a decrease."                                                                      
                                                                                                                                
     Page 17, line 9:                                                                                                           
     Delete "The"                                                                                                               
     Insert "Subject to the limitation on maximum change                                                                        
     from one year to the next under AS 39.35.250(a), the"                                                                      
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
3:50:15 PM                                                                                                                    
                                                                                                                                
ALLISON   ELGEE,  STAFF,   REPRESENTATIVE  JOULE,   addressed                                                                   
Amendment  3.  She  related that  this amendment would  limit                                                                   
the Alaska  Retirement Management  Board to rate  adjustments                                                                   
for the  retirement  systems in  any one year  to 5  percent,                                                                   
both  up and  down.   Previously,  the PERS  Board adopted  a                                                                   
regulation that  limited those rate adjustments  to 5 percent                                                                   
per  year, and  that has  been  the experience  for the  last                                                                   
several years.   This would put into statute what  has in the                                                                   
past been effective regulation.                                                                                                 
                                                                                                                                
Representative Hawker spoke against  Amendment 3.  He related                                                                   
that the policy call in SB 141  was to bankrupt the old plan,                                                                   
trigger  a public bailout,  and put  a new  plan in  place to                                                                   
pick  up  where  the  old  plan   left  off.    It  would  be                                                                   
irresponsible not  to start funding  it as soon  as possible.                                                                   
This amendment would dig the hole deeper.                                                                                       
                                                                                                                                
3:52:36 PM                                                                                                                    
                                                                                                                                
Representative Joule  said he raised the issue  because there                                                                   
has been no discussion  on the amount of money  that would be                                                                   
involved.  There  is $40 million in TRS alone.   He wanted to                                                                   
draw attention to  the fear that the schools  and cities will                                                                   
carry the brunt of the cost.                                                                                                    
                                                                                                                                
Ms. Elgee  said that based on  the underfunding just  for the                                                                   
school districts,  the amount is approximately  an additional                                                                   
$200 million  to the  foundation formula  to cover  the cost,                                                                   
were it to go to the full actuarial  calculated cost in 2008.                                                                   
                                                                                                                                
Representative   Joule  asked   if  that   is  a  check   the                                                                   
legislature is willing to write next year.                                                                                      
                                                                                                                                
3:54:36 PM                                                                                                                    
                                                                                                                                
Representative   Seaton  appreciated   the  mention   of  the                                                                   
unfunded liability.   He stated that the purpose  of the bill                                                                   
is  for a  long-term plan.   The  amendment  would delay  the                                                                   
money   for  the  unfunded   liability.     He  agreed   with                                                                   
Representative Hawker.                                                                                                          
                                                                                                                                
Representative Joule  stated that this  is not going to  be a                                                                   
liability.     Representative   Seaton   drew  attention   to                                                                   
education funding  with the 5  percent increase, and  no lack                                                                   
of funding for  TRS.  He stated full commitment  to fund TRS,                                                                   
as it is included in the formula.                                                                                               
                                                                                                                                
Representative Weyhrauch recalled  that this was an amendment                                                                   
offered   last  year   to  HB   141.     He  concurred   with                                                                   
Representative Hawker's  view that "we  are going to  have to                                                                   
pay for the problem".  He opined  that Amendment 3 is not the                                                                   
correct solution.                                                                                                               
                                                                                                                                
3:57:58 PM                                                                                                                    
                                                                                                                                
Representative  Kelly said  that we should  resist going  the                                                                   
route of Amendment  3.  It will  take work by the  state, the                                                                   
cities, and the schools to solve  the problem.  BUCK provides                                                                   
actuarial  services  to  many   state  and  local  government                                                                   
pension  systems.   This is  the first  time BUCK  has had  a                                                                   
client that was prohibited from  increasing deductibles, full                                                                   
pays, and  prescription drugs  for its  retirees.   In normal                                                                   
circumstances,  there would  be some  way to have  assistance                                                                   
from those  being served.   He  spoke against the  amendment,                                                                   
but said it is in the right spirit.                                                                                             
                                                                                                                                
Representative  Joule said  he  raised this  idea because  it                                                                   
involves  real  dollar figures.    He  urged caution  in  the                                                                   
future with  the respect  to school  districts.  He  WITHDREW                                                                   
Amendment 3.                                                                                                                    
                                                                                                                                
4:01:59 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch MOVED to ADOPT Amendment 4:                                                                            
                                                                                                                                
     Page 4, line 8:                                                                                                            
     Delete "AS 14.25.485 and 14.25.487"                                                                                        
     Insert "AS 14.25.310 - 14.25.590"                                                                                          
                                                                                                                                
     Page 9, lines 21 - 23:                                                                                                     
     Delete "[BENEFICIARIES] based on the deceased member's                                                                     
     gross monthly compensation at the time of occupational                                                                     
     death                                                                                                                      
               [(1)"                                                                                                            
     Insert "[BENEFICIARIES BASED ON THE DECEASED MEMBER'S                                                                      
     GROSS MONTHLY COMPENSATION AT THE TIME OF OCCUPATIONAL                                                                     
     DEATH                                                                                                                      
               (1)"                                                                                                             
                                                                                                                                
     Page 19, lines 12 - 13:                                                                                                    
     Delete "AS 39.35.890 and 39.35.892"                                                                                        
     Insert "AS 39.35.700 - 39.35.990"                                                                                          
                                                                                                                                
     Page 25, lines 26 - 28:                                                                                                    
     Delete   "[BENEFICIARIES]    based   on   the   deceased                                                                   
     employee's gross monthly compensation at the time of                                                                       
     occupational death                                                                                                         
               [(1)"                                                                                                            
     Insert "[BENEFICIARIES BASED ON THE DECEASED EMPLOYEE'S                                                                    
     GROSS MONTHLY COMPENSATION AT THE TIME OF THE                                                                              
     OCCUPATIONAL DEATH                                                                                                         
               (1)"                                                                                                             
                                                                                                                                
Representative Weyhrauch related  that on pages 4 and 9 of HB
475, the statutory reference has  been changed to include all                                                                   
disability  and death  benefits.  He  explained that  without                                                                   
the change  it is  too narrow.   This  amendment would  allow                                                                   
employer  contributions  to be  collected  in  order to  fund                                                                   
death  and  disability benefits.    The  second part  of  the                                                                   
amendment,   on  pages   19  and  25,   clarifies  that   the                                                                   
calculation  of the  employer  contribution  is for  survivor                                                                   
pension benefits, as well.  An  unnecessary reference is also                                                                   
deleted.                                                                                                                        
                                                                                                                                
4:03:26 PM                                                                                                                    
                                                                                                                                
Representative  Seaton   said  Amendment  4  is   a  clean-up                                                                   
amendment and not a policy call.                                                                                                
                                                                                                                                
Representative Kerttula asked  how it was figured out without                                                                   
the amendment, and how it is changed with the amendment.                                                                        
                                                                                                                                
4:04:36 PM                                                                                                                    
                                                                                                                                
KATIE  SHOWS, STAFF,  REPRESENTATIVE  PAUL SEATON,  explained                                                                   
that with the  amendment, the employer contribution  rate for                                                                   
death  and disability  benefits  would be  calculated in  the                                                                   
same manner.  It provides a shorter  mechanism to get to that                                                                   
point.  In  Section 55 for PERS,  and in Section 16  for TRS,                                                                   
the benefit  formula is laid out,  which takes 13  percent of                                                                   
the deceased  member's gross  monthly salary  at the  time of                                                                   
death and  multiplies it  by the number  of years  until that                                                                   
member would have reached normal  retirement.  That figure is                                                                   
then actuarially calculated for  a percentage of contribution                                                                   
that the  employer will have to  make annually.  It  does not                                                                   
change the way that the benefit is calculated.                                                                                  
                                                                                                                                
Co-Chair Meyer WITHDREW his objection.                                                                                          
                                                                                                                                
Representative  Hawker  OBJECTED   to  the  motion  to  adopt                                                                   
Amendment 4.  He noted that he  has been repeatedly told that                                                                   
the bill  needs no  changes.   He asked  what else  should be                                                                   
changed.                                                                                                                        
                                                                                                                                
Co-Chair  Meyer  noted  that  the  sponsor  is  in  favor  of                                                                   
Amendment 4.                                                                                                                    
                                                                                                                                
A roll call vote  was taken on the motion to  ADOPT Amendment                                                                   
4.                                                                                                                              
                                                                                                                                
IN FAVOR: Holm,  Joule,  Kelly, Stoltze,  Weyhrauch,  Foster,                                                                   
          Meyer                                                                                                                 
OPPOSED: Hawker, Kerttula, Moses                                                                                                
                                                                                                                                
The MOTION PASSED 7-3.                                                                                                          
                                                                                                                                
4:08:06 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to REPORT CSHB 475 (FIN) out of                                                                     
committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal note.                                                                                                       
                                                                                                                                
Representative Weyhrauch OBJECTED.                                                                                              
                                                                                                                                
4:08:38 PM                                                                                                                    
                                                                                                                                
At ease.                                                                                                                        
                                                                                                                                
4:10:08 PM                                                                                                                    
                                                                                                                                
A roll call vote was taken on the motion to move HB 475 out                                                                     
of Committee.                                                                                                                   
                                                                                                                                
IN FAVOR: Holm, Kelly, Stoltze, Foster, Hawker, Meyer,                                                                          
          Chenault                                                                                                              
OPPOSED: Joule, Kerttula, Moses, Weyhrauch                                                                                      
                                                                                                                                
The motion passed 7-4.                                                                                                          
                                                                                                                                
CSHB 475 (FIN) was REPORTED out of Committee with a "no                                                                         
recommendation" and with a new zero fiscal note by the                                                                          
Department of Administration.                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects