Legislature(2021 - 2022)ADAMS 519

05/05/2021 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 70 APPROP: CAP; REAPPROP; SUPP; AMEND TELECONFERENCED
Heard & Held
+ Presentation: Capitol Budget by Dept. of TELECONFERENCED
Transportation & Public Facilities
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 55 PEACE OFFICER/FIREFIGHTER RETIRE BENEFITS TELECONFERENCED
Heard & Held
HOUSE BILL NO. 55                                                                                                             
                                                                                                                                
     "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."                                                                                      
                                                                                                                                
2:57:48 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:58:12 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
DAVID  KERSHNER,  PRINCIPAL  AND  CONSULTING  ACTUARY,  BUCK                                                                    
GLOBAL (via  teleconference), shared  that the firm  was the                                                                    
actuary  for the  Department of  Administration Division  of                                                                    
Retirement and  Benefits. He continued that  Buck Global had                                                                    
completed a cost-benefit analysis for  the bill. He asked if                                                                    
he should  summarize the  key elements of  the bill  and the                                                                    
costs.                                                                                                                          
                                                                                                                                
Co-Chair Merrick agreed.                                                                                                        
                                                                                                                                
Mr.  Kershner explained  that the  bill  would allow  active                                                                    
members   of  the   Peace  Officers   and  Firefighters   an                                                                    
opportunity to transfer to  the Public Employees' Retirement                                                                    
System  (PERS) Defined  Benefit  (DB)  Plan which  currently                                                                    
only  covered  employees  hired  prior  to  July  2006.  The                                                                    
Defined  Contribution (DC)  Plan covered  those hired  after                                                                    
2006. The  bill proposed that  all future hires  would enter                                                                    
the  DB  plan. There  was  a  separate schedule  of  benefit                                                                    
provisions that  would apply to  the members covered  by the                                                                    
bill, as  well as  cost-sharing provisions. He  relayed that                                                                    
the  Alaska Retirement  Management (ARM)  Board oversaw  the                                                                    
funding of  the PERS system,  and per statute  all employers                                                                    
contributed a fixed 22 percent of  pay to the PERS system. A                                                                    
portion went  to the  DC plan  and the  remainder of  the 22                                                                    
percent  went to  the DB  plan. The  cost sharing  would not                                                                    
change, but  under the  bill a new  separate trust  would be                                                                    
established  in  the  PERS  system   that  would  cover  the                                                                    
benefits provide for the members  affected by HB 55. All the                                                                    
assets contributed to the trust  would be separately tracked                                                                    
and dedicated for the members.                                                                                                  
                                                                                                                                
Mr.  Kershner continued  to describe  the provisions  of the                                                                    
bill.   He   explained    that   currently   PERS   employer                                                                    
contribution  rate   was  fixed  at  22   percent,  and  the                                                                    
actuarial contribution  was based  on ARM board  policy. The                                                                    
excess  of the  contribution rate  was the  additional state                                                                    
contribution  rate.  He  cited that  currently  the  members                                                                    
covered  under  HB 55  had  just  under  10 percent  of  pay                                                                    
contributed to  the DC plan,  and the  remainder contributed                                                                    
to  the DB  plan. Under  HB 55,  there would  be 12  percent                                                                    
going to  the trust  as well as  the HRA  accounts currently                                                                    
set up,  which left 12  percent to  go towards the  DB plan.                                                                    
The portion  of the  employee contribution going  toward the                                                                    
DB  benefit  plan  for  members  would  decrease  from  12.2                                                                    
percent to 10  percent of pay. The difference  would have to                                                                    
be  made  up  per  ARM  Board policy  and  was  made  up  by                                                                    
additional  state contributions.  The  fiscal note  included                                                                    
the  estimated increase  for five  years  starting of  about                                                                    
$5.3 million in  FY 23 and $28.4 million for  the five years                                                                    
after.                                                                                                                          
                                                                                                                                
3:04:57 PM                                                                                                                    
                                                                                                                                
Representative Thompson asked what  the figure would be with                                                                    
correctional officers included.                                                                                                 
                                                                                                                                
Mr.   Kershner  replied   that  he   was  not   certain  the                                                                    
corrections  officers were  included in  the group  of peace                                                                    
officers and firefighters in the bill.                                                                                          
                                                                                                                                
Representative   Josephson    clarified   that   corrections                                                                    
officers were covered as part of the group.                                                                                     
                                                                                                                                
Mr. Kershner was happy to  provide further details or answer                                                                    
questions.                                                                                                                      
                                                                                                                                
Representative Josephson asked if  the plan would be solvent                                                                    
if Alaska had  just become a state and the  only DB plan was                                                                    
for peace officers and firefighters.                                                                                            
                                                                                                                                
Mr. Kershner  answered in the  affirmative. If the  plan had                                                                    
just started  there would be  no assets or  liabilities, and                                                                    
under  the funding  policy  each year  a  percentage of  pay                                                                    
would  be contributed  that was  equivalent to  the cost  of                                                                    
benefits accruing under  the plan. As long  as the actuarial                                                                    
calculations projected dozens of  years into the future, and                                                                    
if  there  were  related  to  life  expectation,  length  of                                                                    
employment, and salary amounts.  He acknowledged that in any                                                                    
given year  the assumptions would  not be correct,  but they                                                                    
should  be  reasonably close  to  actual  experience in  the                                                                    
long-term. He  noted that every  year there  were deviations                                                                    
from the assumptions, and if assets  did not earn as much as                                                                    
expected  there were  created  losses to  the  plan and  the                                                                    
losses had to be funded over a period of time.                                                                                  
                                                                                                                                
Mr.  Kershner continued  that  if the  plan  started in  the                                                                    
present, and  all of the experience  matched assumptions for                                                                    
the future, accrued  benefits would be funded  and the state                                                                    
would never have any of the  losses. The state would only be                                                                    
funding  the  benefits  accruing  annually in  the  8  to  9                                                                    
percent  range.  He   noted  that  the  PERS   DB  plan  was                                                                    
significantly underfunded  at present  and the cost  for the                                                                    
DB plan  was a makeup for  the current costs in  addition to                                                                    
unfunded  liabilities  accumulated  over time.  He  affirmed                                                                    
that if the  plan were to start today, the  cost sharing and                                                                    
contribution  rates proposed  in SB  55 would  be enough  to                                                                    
cover  the cost  of the  benefits if  all future  experience                                                                    
matched the assumptions.                                                                                                        
                                                                                                                                
3:10:08 PM                                                                                                                    
                                                                                                                                
Representative  Josephson reiterated  that if  the plan  was                                                                    
starting fresh it would be  solvent at inception and without                                                                    
a negative  history. He referenced  HB 79 from  the previous                                                                    
legislature,  which  was  related  to  the  same  topic  and                                                                    
"virtually  identical." He  recalled that  Mr. Kershner  had                                                                    
determined that HB 79 was  anticipated to be somewhere above                                                                    
99 percent anticipated solvent.                                                                                                 
                                                                                                                                
Mr. Kershner answered that the  HB 55 trust that would cover                                                                    
the liabilities for the members  as well as the assets being                                                                    
transferred  in, was  expected  to remain  solvent for  many                                                                    
years. He  addressed the $5.3  million cost increase  for FY                                                                    
23 that  was due to the  portion of the 22  percent employer                                                                    
contribution  currently going  into the  DB plan,  and noted                                                                    
that more  would go to the  new trust. The increase  was not                                                                    
because  the HB  55 trust  was  not solvent  or expected  to                                                                    
remain  solvent,  rather there  was  a  shifting of  the  22                                                                    
percent between the  various trusts was giving  rise to cost                                                                    
increases.                                                                                                                      
                                                                                                                                
3:12:45 PM                                                                                                                    
                                                                                                                                
Representative  LeBon referenced  HB  79  from the  previous                                                                    
legislature,  which  was  related  to  the  same  topic.  He                                                                    
recalled  that  the  fiscal note  had  totaled  $18  million                                                                    
through the five years ending  2027, and he thought the note                                                                    
had jumped up  to $28 million for the same  period. He asked                                                                    
about  the  unfunded liability  for  the  PERS program,  and                                                                    
referenced  an  amendment  proposed  to  transfer  about  $1                                                                    
billion  from  the  Permanent  Fund to  PERS  to  close  the                                                                    
unfunded liability.  He asked what  impact the  action would                                                                    
have had  in the discussion  about a DB program  as proposed                                                                    
by HB 55.                                                                                                                       
                                                                                                                                
Mr.  Kershner replied  that if  $1 billion  were transferred                                                                    
into the DB  plan, the cost impact of HB  55 would likely be                                                                    
similar to  what Buck  had determined  for the  bill because                                                                    
the  current additional  state contribution  would go  down.                                                                    
The plan  would start  from a lower  funding point,  and the                                                                    
provision  of HB  55  would enact  the  same cost  increases                                                                    
through a shifting of contributions.  Under HB 55, the state                                                                    
would contribute about  $5.2 million less into  the DB plan,                                                                    
and  the cost  would be  independent of  the $1  billion. He                                                                    
contemplated  the  scenario  of  putting $3  billion  or  $4                                                                    
billion into  the PERS system,  which would likely  wipe out                                                                    
the initial  state contribution  entirely with  no increase.                                                                    
He acknowledged  that a $1  billion contribution  would help                                                                    
the  funding of  the DB  plan,  but it  would not  eliminate                                                                    
underfunding, and  there would still be  an additional state                                                                    
contribution of a lower amount.                                                                                                 
                                                                                                                                
Mr. Kershner mentioned the analysis  of HB 79 and noted that                                                                    
the most recent  analysis was in February  2020. The process                                                                    
had started about a year earlier  and was based on 2018 data                                                                    
because it  had been the  most recent available data  at the                                                                    
time. The HB 55 analysis was  based on 2020 data, and in the                                                                    
two years  the payroll  for peace officers  and firefighters                                                                    
had increased  about 11  percent in total  for a  larger pay                                                                    
base resulting in larger dollar amounts than under HB 79.                                                                       
                                                                                                                                
3:17:09 PM                                                                                                                    
                                                                                                                                
Representative LeBon  stated that one of  his motivations in                                                                    
the discussion  was two-fold. He believed  that establishing                                                                    
a new  DB program  meant the state  needed to  consider that                                                                    
the current  DB plan was  still underfunded. He  believed it                                                                    
needed to  be fixed. He stated  that it would take  18 years                                                                    
to close  the current liability.  He added that he  may have                                                                    
included Teachers' Retirement System  (TRS) in the estimate.                                                                    
He asked about  fixing the liability and making  room in the                                                                    
budget for a new DB plan.                                                                                                       
                                                                                                                                
Co-Chair Merrick  noted that Mr. Kershner  had referenced an                                                                    
11 percent increase in payroll.  She asked if it was because                                                                    
the  state had  hired  more officers  or  increased pay  for                                                                    
existing officers.                                                                                                              
                                                                                                                                
Mr. Kershner  answered that the  increase was  a combination                                                                    
of  both factors.  There were  more active  members than  in                                                                    
2018,  and  the recent  pay  increases  had been  more  than                                                                    
expected.                                                                                                                       
                                                                                                                                
3:19:41 PM                                                                                                                    
                                                                                                                                
Representative  Wool  referenced Representative  Josephson's                                                                    
question about whether the plan  from SB 55 would be solvent                                                                    
if it was  isolated on its own. He thought  Mr. Kershner had                                                                    
given the plan a high score.                                                                                                    
                                                                                                                                
Mr. Kershner answered affirmatively.                                                                                            
                                                                                                                                
Representative Wool  thought because  the state  already had                                                                    
an underfunded  DB system, it  was not possible to  keep the                                                                    
two plans separate entities. He  asked if it was possible to                                                                    
pay down  the old  system while  maintaining the  new system                                                                    
proposed in the bill.                                                                                                           
                                                                                                                                
Mr.  Kershner replied  that based  on the  way the  bill was                                                                    
designed, the  HB 55  members would  be employees  under the                                                                    
PERS  system and  PERS employers  contributed 22  percent of                                                                    
pay, which was allocated  to different trusts depending upon                                                                    
the specific  yearly calculations. He continued  that if the                                                                    
HB 55  plan was established  separately from PERS,  it could                                                                    
turn out  to be  more or less  expensive. He  explained that                                                                    
under  HB 55,  part of  the 10  percent of  the payroll  for                                                                    
peace officers  and firefighters would being  deposited into                                                                    
the  underfunded DB  plan. Currently  about 12.2  percent of                                                                    
pay  was deposited  into the  plan. The  decrease from  12.2                                                                    
percent to 10 percent was  equivalent to about $5.2 million,                                                                    
which was reflected  in the increase in the  fiscal note for                                                                    
FY  23. The  amounts would  be a  shifting of  contributions                                                                    
away from  the unfunded  liability in the  DB plan,  and the                                                                    
amount  would  be  made  up  through  the  additional  state                                                                    
contribution.                                                                                                                   
                                                                                                                                
3:23:05 PM                                                                                                                    
                                                                                                                                
Representative  Wool   asked  about  the   conversations  on                                                                    
solvency and the efficacy of  the plans. He recalled that if                                                                    
the  market  returns  dropped,   there  was  a  trigger  and                                                                    
employees would  have to contribute more.  He considered the                                                                    
increased  retention  the  groups would  likely  experience,                                                                    
which was  one of the purposes  of the bill. He  asked if it                                                                    
was included in the analysis.                                                                                                   
                                                                                                                                
Mr. Kershner  answered that there  were two  triggers within                                                                    
HB 55 that meant if the HB 55  trust were to fall below a 90                                                                    
percent   funding   level,   the   post-retirement   pension                                                                    
adjustment  could  be  limited,  or the  current  8  percent                                                                    
member contribution  could be increased to  ten percent. The                                                                    
two  provisions had  not come  into play  because the  HB 55                                                                    
trust was not  anticipated to fall below  90 percent funded;                                                                    
however,  if it  did  fall  below, the  two  items could  be                                                                    
triggered.  He  asked  for  a  repeat of  the  rest  of  the                                                                    
question.                                                                                                                       
                                                                                                                                
Representative Wool asked if  increased retention of members                                                                    
was included in the calculations.                                                                                               
                                                                                                                                
Mr.  Kershner  answered  in  the  affirmative.  The  current                                                                    
active  members  were   projected  through  retirement,  all                                                                    
current retired  members through the retired  years based on                                                                    
life  expectancy, and  a certain  percentage of  the members                                                                    
were  expected  to  terminate  employment  every  year.  The                                                                    
assumptions  depended on  age,  service,  gender, and  other                                                                    
factors. The  withdrawal assumption  rates were  higher than                                                                    
the corresponding  rates in the  DB plan due to  the general                                                                    
tendency to  have more workforce mobility  for those covered                                                                    
by  a DC  plan compared  to a  DB plan.  The lower  turnover                                                                    
assumptions were used for members  expected to transfer into                                                                    
the DB plan.                                                                                                                    
                                                                                                                                
3:27:00 PM                                                                                                                    
                                                                                                                                
Representative  LeBon   looked  at  the  fiscal   note  (OMB                                                                    
Component Number  2866) showing $5.3  million in FY  23 with                                                                    
upward  growth to  $5.6  million, and  $6.1  million in  the                                                                    
subsequent  years. He  was not  surprised  there was  upward                                                                    
growth in  funding. He noted  it dropped to $5.7  million in                                                                    
FY  26 and  FY  27 and  thought the  funding  impact to  the                                                                    
proposed  program had  many unknowns.  He felt  there was  a                                                                    
sense of urgency  to deal with the  unfunded liability prior                                                                    
to opening another DB program.                                                                                                  
                                                                                                                                
Representative   Josephson    was   concerned    about   the                                                                    
possibility of  waiting another 20  years. He looked  at the                                                                    
amortization period  out to pay  off the  unfunded liability                                                                    
went out to 2041. He asked if the estimate was correct.                                                                         
                                                                                                                                
Mr. Kershner answered in the affirmative.                                                                                       
                                                                                                                                
Representative  Josephson shared  that he  was currently  56                                                                    
years old  and would be  77 when the unfunded  liability was                                                                    
retired.  He thought  the implication  of adding  the fiscal                                                                    
note would result in an additional 6 months of payment.                                                                         
                                                                                                                                
3:29:34 PM                                                                                                                    
                                                                                                                                
Mr. Kershner  responded that all  projections were  based on                                                                    
current funding  status and  expectations about  the future,                                                                    
which included  assets growing about  7.4 percent  per year.                                                                    
He  noted  that  in  the  current  fiscal  year  assets  had                                                                    
returned  much greater  than 7.4  percent, but  the previous                                                                    
two  or three  years had  been unfavorable  to the  plan. He                                                                    
cautioned  that   projections  could   change  significantly                                                                    
depending upon the  experience to the plan on  the asset and                                                                    
liability sides. There could be  gains or losses on both the                                                                    
returns  and   liabilities.  He  discussed   the  retirement                                                                    
expectation  and explained  that if  people retired  earlier                                                                    
than  expected  it   would  create  a  loss   to  the  plan.                                                                    
Similarly,  if the  plan population  had  greater or  lesser                                                                    
life  expectancy  than  the standard  calculation  it  could                                                                    
cause a gain or loss to the plan.                                                                                               
                                                                                                                                
Representative  Josephson clarified  that he  was asking  if                                                                    
the bill  did not add  substantially to the  20-year journey                                                                    
of paying down the unfunded liability.                                                                                          
                                                                                                                                
Mr.   Kershner   answered   that  based   on   the   current                                                                    
calculations it was correct.                                                                                                    
                                                                                                                                
Representative LeBon  surmised that  it could become  a very                                                                    
short journey  if the underfunded liability  in the existing                                                                    
plan was paid and thought it would help justify a new plan.                                                                     
                                                                                                                                
HB 55 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Merrick reviewed the schedule for the following                                                                        
morning.                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
HB 70 HFIN DOT CAPITAL - 05.05.2021.pdf HFIN 5/5/2021 1:30:00 PM
HB 70
HB 55 Amendments 1-2 041121.pdf HFIN 5/5/2021 1:30:00 PM
HB 55