Legislature(2007 - 2008)HOUSE FINANCE 519

05/10/2007 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 22 EXTEND BOARD OF GOVERNORS ABA TELECONFERENCED
Moved Out of Committee
<Teleconference Listen Only>
+= SB 125 PERS /TRS CONTRIBUT'NS;UNFUNDED LIABILITY TELECONFERENCED
Heard & Held
<Teleconference Listen Only>
+ SB 84 TESTING & PACKAGING OF CIGARETTES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR SENATE BILL NO. 125(FIN)                                                                                               
                                                                                                                                
     "An  Act  relating  to the  accounting  and  payment  of                                                                   
     contributions under  the retirement plans  of the Public                                                                   
     Employees'   Retirement   System  of   Alaska  and   the                                                                   
     Teachers'   Retirement   System,  to   calculations   of                                                                   
     contributions  under  those  retirement  plans,  and  to                                                                   
     participation in,  and termination of and  amendments to                                                                   
     participation  in, the  defined benefit  plans of  those                                                                   
     systems;  relating  to  employer  contributions  to  the                                                                   
     health    reimbursement    arrangement   plan;    making                                                                   
     conforming  amendments; and  providing for an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
Co-Chair Meyer MOVED to ADOPT Amendment #1:                                                                                     
                                                                                                                                
     Page 1, line 6, following "plan;"                                                                                          
          Insert "relating to participation in the public                                                                       
     employees'  defined  contribution   retirement  plan  by                                                                   
     certain elected officials;"                                                                                                
                                                                                                                                
     Page 14, following line 1:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "*  Sec. 22.   The  uncodified  law of  the State  of                                                                 
     Alaska is amended by adding a new section to read:                                                                         
          PARTICIPATION IN THE DEFINED CONTRIBUTION PLAN OF                                                                     
     THE  PUBLIC  EMPLOYEES'  RETIREMENT  SYSTEM  BY  CERTAIN                                                                   
     ELECTED OFFICIALS.  (a) If HCS CSSB 123(FIN),  passed by                                                                   
     the  first  session  of the  Twenty-Fifth  Alaska  State                                                                   
     Legislature, is enacted into  law, contributions must be                                                                   
     deducted  under AS 39.35.730  and contributions  must be                                                                   
     made under AS 39.35.750 by the                                                                                             
     (1) state  on behalf of  an Alaska State  Legislator who                                                                   
     becomes  a member  of the  Public Employees'  Retirement                                                                   
     System   defined   contribution  plan   established   by                                                                   
     AS 39.35.700  - 39.35.990 as  a result of  the enactment                                                                   
     of the amendment to AS 39.35.990(16)  by sec. 111 of HCS                                                                   
     CSSB  123(FIN);  contributions  must  be  based  on  the                                                                   
     compensation  paid by the state  to the member  from the                                                                   
     date  that  the  member  was sworn  into  office  as  an                                                                   
     elected official until the effective date of this Act;                                                                     
     (2)  political subdivision  on behalf  of the  political                                                                   
     subdivision's elected official  who becomes eligible for                                                                   
     membership  in the Public  Employees' Retirement  System                                                                   
     defined contribution plan  established by AS 39.35.700 -                                                                   
     39.35.990 as  a result of the enactment  of AS 39.35.725                                                                   
     made by  sec. 83 of HCS  CSSB 123(FIN), and who  has not                                                                   
     filed  a  waiver of  participation  in  that plan  or  a                                                                   
     waiver  of   participation  under  AS  39.35.125(a)  for                                                                   
     service  as   an  elected  official  of   the  political                                                                   
     subdivision;   contributions  must   be  based   on  the                                                                   
     compensation  paid by the  political subdivision  to the                                                                   
     elected  official  for service  as  an elected  official                                                                   
     from the date  that the elected official  was sworn into                                                                   
     office until the effective date of this Act.                                                                               
          (b) The period of time covered by contributions                                                                       
     made under  (a) of  this section constitutes  membership                                                                   
     service for the purposes  of determining eligibility for                                                                   
     medical  benefits  under  AS 39.35.300 -  39.30.495  and                                                                   
     AS 39.36.700 - 39.35.990.                                                                                                  
          (c) In this section, "compensation" has the                                                                           
     meaning given in AS 39.35.990. "                                                                                           
                                                                                                                                
Vice Chair Stoltze OBJECTED.                                                                                                    
                                                                                                                                
PAT  SHIER, DIRECTOR,  DIVISION OF  RETIREMENT AND  BENEFITS,                                                                   
DEPARTMENT  OF ADMINISTRATION,  explained that the  amendment                                                                   
rectifies an  issue regarding certain elected  officials who,                                                                   
because they were  not previously members of  PERS, were left                                                                   
out of  the new  defined contribution  (DC) retirement  plan.                                                                   
There is  no fiscal note  accompanying the amendment.   Those                                                                   
individuals  would have  to  make up  past  service cost,  as                                                                   
well.                                                                                                                           
                                                                                                                                
Co-Chair  Meyer asked  how many  people were  affected.   Mr.                                                                   
Shier said four.                                                                                                                
                                                                                                                                
8:58:44 AM                                                                                                                    
                                                                                                                                
Representative Hawker questioned  what the amendment would do                                                                   
for state legislators.                                                                                                          
                                                                                                                                
VIRGINIA RAGLE,  ASSISTANT ATTORNEY GENERAL, LABOR  AND STATE                                                                   
AFFAIRS,  DEPARTMENT  OF  LAW,  reported that  a  couple  new                                                                   
legislators  were not covered  by the DC  plan under  SB 123.                                                                   
Representative  Hawker concluded  that SB  125 would  benefit                                                                   
seated legislators.   Representative  Hawker asked if  SB 123                                                                   
has provisions  for future legislators and  elected officials                                                                   
to participate  in the DC  plan.  Ms.  Ragle replied  that is                                                                   
correct.  Representative  Hawker asked if this  is uncodified                                                                   
law.  Ms. Ragle said yes.                                                                                                       
                                                                                                                                
9:01:57 AM                                                                                                                    
                                                                                                                                
KEVIN    BROOKS,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION,  added  that  HB  141  inadvertently  omitted                                                                   
several categories.   Two individuals will benefit,  but will                                                                   
have to catch up "out of pocket".                                                                                               
                                                                                                                                
Representative   Gara   asked  if   anyone   else  has   been                                                                   
inadvertently  excluded.   Mr. Brooks  explained that  only a                                                                   
small group of people were affected.                                                                                            
                                                                                                                                
Vice Chair  Stoltze WITHDREW  his objection.  There being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Co-Chair Meyer asked  if Amendment #2, which will  come up at                                                                   
a later time, would impact the  fiscal note.  Mr. Brooks said                                                                   
it would not.                                                                                                                   
                                                                                                                                
9:04:46 AM                                                                                                                    
                                                                                                                                
Mr.  Brooks addressed  fiscal note  #2 by  the Department  of                                                                   
Administration.   He explained  that $193,113.2 is  the total                                                                   
appropriation for FY 08.  There  is currently $180 million in                                                                   
HB 95,  which would  require an  additional appropriation  of                                                                   
$13.1  million.     The  bill  provides  a   "hold  harmless"                                                                   
provision for  PERS employers  currently paying below  the 22                                                                   
percent level,  which comes to  $5.4 million.  The  bill also                                                                   
provides  a "rebate" provision  for employers  who have  made                                                                   
additional contributions,  which totals $7.2 million.   Those                                                                   
two  combined  equal  $12.6  million,   and  the  actuarially                                                                   
determined  rate  at  22 percent,  required  $180.5  million.                                                                   
There  is $180  million  in the  appropriation  bill, so  the                                                                   
differential of  $500,000 with  the other two  pieces, brings                                                                   
it  up to  $13.1 million.   It  contemplates a  rate of  32.5                                                                   
percent, which  the Alaska Retirement Management  Board (ARM)                                                                   
supports.  If the legislation  passes, there will always be a                                                                   
blended rate for PERS employers.                                                                                                
                                                                                                                                
9:07:41 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer asked  if fiscal  note #1 is  dated 3/16  and                                                                   
fiscal note #2 is dated 5/3.  Mr. Brooks said yes.                                                                              
                                                                                                                                
Mr. Brooks  explained that  fiscal note #1  shows no  cost to                                                                   
the  Division   of  Retirement  and  Benefits;   however,  an                                                                   
appropriation  would  be required  to  comply  with the  cost                                                                   
share provisions of the bill.                                                                                                   
                                                                                                                                
Co-Chair Meyer  noted that fiscal  note #2 does not  show the                                                                   
$180 million  already in  the operating  budget.  Mr.  Brooks                                                                   
pointed to the information on  page 2 of the fiscal note that                                                                   
addresses that amount.                                                                                                          
                                                                                                                                
Co-Chair Meyer requested an explanation  of Amendment #2. Mr.                                                                   
Shier explained  that Amendment #2 would  prevent prejudicing                                                                   
of possible  recovery in a  suit about the previous  actuary.                                                                   
There is language that states  any contributions of the state                                                                   
should  not  be  considered  as  an  offset  for  any  future                                                                   
recovery.  The purpose is to protect the state's interest.                                                                      
                                                                                                                                
Representative Crawford  asked for clarification.   Mr. Shier                                                                   
explained  that if  there is  a  court action  and one  party                                                                   
recovers from  another party, but they have  also "recovered"                                                                   
from another source, that can  diminish the court award.  The                                                                   
amendment would prevent that from happening.                                                                                    
                                                                                                                                
Co-Chair Meyer set CSSB 125 (FIN) aside.                                                                                        
                                                                                                                                
CSSB 125  (FIN) was heard and  HELD in Committee  for further                                                                   
consideration.                                                                                                                  
                                                                                                                                
9:11:23 AM                                                                                                                    
                                                                                                                                

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