Legislature(2021 - 2022)ADAMS 519

05/13/2021 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 10 Minutes Following Session --
+ HB 90 VEHICLE RENTALS & VEHICLE RENTAL NETWORKS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 75 EMPLOYER CONTRIBUTIONS TO PERS TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ SB 55 EMPLOYER CONTRIBUTIONS TO PERS TELECONFERENCED
Moved SB 55 Out of Committee
<Companion Bill to HB 75>
SENATE BILL NO. 55                                                                                                            
                                                                                                                                
     "An  Act  relating  to employer  contributions  to  the                                                                    
     Public  Employees'  Retirement  System of  Alaska;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
4:11:19 PM                                                                                                                    
                                                                                                                                
NEIL STEININGER, DIRECTOR, OFFICE  OF MANAGEMENT AND BUDGET,                                                                    
OFFICE OF  THE GOVERNOR,  thanked the committee  for hearing                                                                    
the bill. He introduced  the PowerPoint presentation: "SB 55                                                                    
-  Employer  Contributions  to PERS."  began  with  slide  2                                                                    
titled HB75 Employer Contributions to PERS:                                                                                     
                                                                                                                                
     Removes  cap  on   Public  Employee  Retirement  System                                                                    
     (PERS)  payroll  contributions  made by  the  State  of                                                                    
     Alaska as an employer.                                                                                                     
                                                                                                                                
     ?  Continues to  fully fund  the state's  obligation to                                                                    
     the PERS system.                                                                                                           
                                                                                                                                
       Applies only to the  State of Alaska, does not impact                                                                    
     other PERS employers.                                                                                                      
                                                                                                                                
    ? Does not impact Teachers Retirement System (TRS).                                                                         
                                                                                                                                
     ? Does not change retiree or active employee benefits.                                                                     
                                                                                                                                
     ? No change to employee contributions.                                                                                     
                                                                                                                                
     ? Does not reduce employer contributions to PERS.                                                                          
                                                                                                                                
     ? Allows for full cost  share with federal programs and                                                                    
     other  sources used  to  fund  state programs,  thereby                                                                    
     reducing general fund expenditures  by $25.7 million in                                                                    
     FY22.                                                                                                                      
                                                                                                                                
4:13:17 PM                                                                                                                    
                                                                                                                                
Mr. Steininger provided a background of Alaska's retirement                                                                     
obligations on slide 3 titled HB75 Background: Alaska's                                                                         
Retirement Obligations:                                                                                                         
                                                                                                                                
     ? The PERS unfunded liability  was estimated to be $4.6                                                                    
     billion in FY20.                                                                                                           
                                                                                                                                
     ?  Current  annual  cost  to   pay  down  the  unfunded                                                                    
     liability is  split between employer  contributions and                                                                    
     the state assistance payment, or "on-behalf" payment:                                                                      
                                                                                                                                
          O Employer contributions (22%) on employee                                                                            
          salaries mixed fund sources.                                                                                          
          O On-behalf payments for Municipalities and other                                                                     
          PERS employers 100% UGF.                                                                                              
          O On-behalf payment for State of Alaska as an                                                                         
          employer 100% UGF.                                                                                                    
                                                                                                                                
     ? This  bill addresses the on-behalf  payment for State                                                                    
     of Alaska as an employer.                                                                                                  
                                                                                                                                
4:14:37 PM                                                                                                                    
                                                                                                                                
Mr. Steininger continued to slide 4: "State of Alaska PERS                                                                      
On-Behalf Payments:"                                                                                                            
                                                                                                                                
     In  2008, the  legislature established  a uniform  rate                                                                    
     for payroll contributions for all PERS employers 22%.                                                                      
                                                                                                                                
     The State of  Alaska is required to  pay the difference                                                                    
     between capped  employer payroll contributions  and the                                                                    
     full actuarial liability (30.11% in FY22).                                                                                 
                                                                                                                                
     Called the state assistance or "on-behalf" payment.                                                                        
                                                                                                                                
     For  FY22,  the  total  on-behalf payment  to  PERS  is                                                                    
     $193.5m (UGF).                                                                                                             
                                                                                                                                
     $95.7m of  that amount is  made by the state  on behalf                                                                    
     of itself.                                                                                                                 
                                                                                                                                
     The remaining $97.8m is made on behalf of 153 other                                                                        
     active PERS employers.                                                                                                     
                                                                                                                                
He  explained  that  the   other  active  Public  Employees'                                                                    
Retirement System  (PERS) employers were  municipalities and                                                                    
school districts throughout the state.                                                                                          
                                                                                                                                
4:15:57 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger reviewed  slide 5  titled  HB  75  State  of                                                                    
Alaska as  an Employer Retirement Obligation   Current Law.                                                                     
He explained  that currently the state  payroll contribution                                                                    
was  22  percent of  payroll  totaling  $246.3 million.  The                                                                    
state  made   the  $95.8  million  on-behalf   payment  with                                                                    
unrestricted  general  funds  (UGF). The  slide  showed  the                                                                    
breakdown in  types of  funding; Undesignated  General Funds                                                                    
(UGF),  Designated General  Fund (DGF),  Other, and  Federal                                                                    
Receipts. He noted that the  total retirement obligation was                                                                    
$342.2  million,  which  $202  million  or  59  percent  was                                                                    
comprised of UGF.  He examined slide 6 titled  "HB 75  State                                                                    
of Alaska  as an  Employer Retirement Obligation    Proposed                                                                    
Law." He  elucidated that  by uncapping  the 22  percent and                                                                    
allowing  the full  30.11  percent to  be  charged to  state                                                                    
payroll,  the state  still paid  the full  contribution, but                                                                    
the state  could apply the  30.11 percent to the  other fund                                                                    
sources.    Consequently,   eliminating    the   commiserate                                                                    
increases in  UGF that was  apparent on the prior  slide. He                                                                    
pointed out  that under the  proposed law the total  UGF was                                                                    
$176.4 million  or roughly  50 percent  of the  total $349.8                                                                    
million cost, which was a  net reduction of $25.7 million in                                                                    
UGF costs  to meet  the same  obligation. He  qualified that                                                                    
the  $25.7 million  was  only the  savings  realized in  the                                                                    
first  year.  Savings  would  grow   over  time  because  as                                                                    
indirect charges were charged  to federal programs the state                                                                    
had to  provide justifications for the  costs. The different                                                                    
programs  were  on  different schedules  for  providing  the                                                                    
information to  the federal  agencies on  the way  the state                                                                    
charged indirect costs  to the programs. He  added that some                                                                    
federal agencies  would allow the  change in the  first year                                                                    
and  some would  take up  to  three years  to implement  the                                                                    
changes  due  to  the  way the  state  interacted  with  the                                                                    
federal  agencies  to  justify  the  programs   costs.  Some                                                                    
programs  capped  the  amount  charged  to  the  grants  and                                                                    
savings could  not be  realized in  those cases.  He relayed                                                                    
that OMB  analyzed various federal  programs that  the state                                                                    
charged for  payroll and found  that the state  could offset                                                                    
the costs  with UGF to  ensure the programs were  not harmed                                                                    
and still  realized the $25.7  million in savings.  Over the                                                                    
next several  years as state agencies  renegotiated the cost                                                                    
allocation  agreements with  federal  partners, the  savings                                                                    
number will increase in the outyears.                                                                                           
                                                                                                                                
4:19:47 PM                                                                                                                    
                                                                                                                                
Representative  Josephson wanted  to  make sure  that if  an                                                                    
agency received $100 million in  federal matching funds, the                                                                    
service  would  not  be   diminished  because  whatever  the                                                                    
service was  would become  part of  the PERS  liability. Mr.                                                                    
Steininger replied that it was  something that OMB worked on                                                                    
in the production  of the fiscal note. He  explained that if                                                                    
the fixed  grant amount, such  as the $100  million example,                                                                    
could not be adjusted for changes  in costs such as for PERS                                                                    
than  the state  would  not be  able  to collect  additional                                                                    
money  from the  federal  grant. He  furthered  that as  OMB                                                                    
calculated the  fiscal note, it identified  federal programs                                                                    
that had  a fixed dollar  value to  ensure that OMB  was not                                                                    
hampering the ability  to perform the work  under the grant.                                                                    
He delineated  that as  departments identified  fixed dollar                                                                    
programs  OMB  adjusted the  fiscal  note  down because  the                                                                    
federal  receipts could  not  be  collected. Currently,  the                                                                    
full amount  of the costs was  covered by UGF, so  where the                                                                    
costs  could not  be  covered  UGF was  used.  The bill  was                                                                    
necessary to  capture additional federal revenues  on grants                                                                    
that could be increased as costs increased.                                                                                     
                                                                                                                                
4:22:31 PM                                                                                                                    
                                                                                                                                
Representative Josephson  ascertained that there had  been a                                                                    
lost opportunity over  the years and the bill  was trying to                                                                    
capture the opportunity and benefit  from it. Mr. Steininger                                                                    
agreed with the statement.                                                                                                      
                                                                                                                                
4:22:57 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger  continued to  the  spreadsheet  on slide  7                                                                    
titled  HB75: FY 2022 Budget  Impact.  He explained that the                                                                    
provisions shifted  the $100 million cost  from the language                                                                    
section of the operating budget  and moved it into the state                                                                    
personal  services line.  It would  appear as  a $1  million                                                                    
increase in all  funds to state agency  payroll. He conveyed                                                                    
that it was  not an actual increase, it  was simply shifting                                                                    
a cost  from one part  of the  budget to another.  The slide                                                                    
depicted  where the  cost  would apply  in  each agency.  He                                                                    
could  provide   further  detail  by  budget   component  or                                                                    
program.  He  provided  a  handout in  the  bill  file  that                                                                    
provided  more  information  regarding the  offsets  [titled                                                                    
 HB75 FY 2022 Budget Impact Handout A (copy on file)].                                                                          
                                                                                                                                
4:24:46 PM                                                                                                                    
                                                                                                                                
Representative   Josephson  looked   at  slide   7  on   the                                                                    
Department of  Commerce, Community and  Economic Development                                                                    
(DCCED)  line. He  inquired  whether professional  licensing                                                                    
fees would  increase. Mr. Steininger  responded that  it was                                                                    
an  area  in which  fees  would  have  to be  revisited  and                                                                    
possibly recalculated.  It was one area  that the department                                                                    
looked at to determine if  the current fee collections could                                                                    
cover the  related costs of  the program  without adjustment                                                                    
to the fee  or what amount could be  accommodated over time.                                                                    
He assured that  the implementation of the  change would not                                                                    
result in excessive changes to fees.                                                                                            
                                                                                                                                
4:26:14 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger advanced  to  the graph  on  slide 8  titled                                                                    
"Historical PERS Contribution  Rates." The slide illustrated                                                                    
the on-behalf payment or actuarial  rate of the state's PERS                                                                    
contribution. He  elaborated that the on-behalf  portion was                                                                    
the difference between  the blue line at 22  percent and the                                                                    
orange line  representing the actuarial  rate. The  bill was                                                                    
trying to address  the difference between the  two lines. He                                                                    
noted the variability  in the rates and pointed  out that at                                                                    
its peak  the actuarial  rate was  38.4 percent  compared to                                                                    
the  current 30.1  percent. The  on-behalf payment  rose and                                                                    
fell  with  the actuarial  rate  each  year.  If SB  55  was                                                                    
enacted, some  of the  variable amount  would be  moved into                                                                    
the  personal service  line of  the  state agency  operating                                                                    
budget. He  alerted the committee  that in future  years the                                                                    
committee would  encounter salary adjustment  change records                                                                    
to  accommodate the  variability. It  would simply  shift to                                                                    
agency  operations  versus  the   language  section  of  the                                                                    
operating budget.                                                                                                               
                                                                                                                                
4:28:08 PM                                                                                                                    
                                                                                                                                
Representative Wool  asked about the on-behalf  payment made                                                                    
by the state.  He wondered if the bill  would alter anything                                                                    
for  the  municipalities.  Mr. Steininger  answered  in  the                                                                    
negative. He  indicated that  OMB limited  the focus  of the                                                                    
bill  to  where  there  was  a  benefit  to  the  state.  He                                                                    
clarified that there  was a benefit to the state  but not to                                                                    
the   municipalities.   Representative  Wool   thanked   Mr.                                                                    
Steininger for the clarification.                                                                                               
                                                                                                                                
4:29:28 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
4:29:36 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
Co-Chair Merrick asked Mr. Steininger  to address the fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
Mr.   Steininger   indicated    that   the   Department   of                                                                    
Administration fiscal note [FN 5  (ADM)] was prepared by the                                                                    
Division  of  Retirement  and Benefits.  He  explained  that                                                                    
since the bill impacted the  PERS system it was an actuarial                                                                    
fiscal  note. He  pointed to  the  additional $200  thousand                                                                    
cost.  He  noted  that  in the  current  system,  the  state                                                                    
assistance payment was  made in a lump sum  at the beginning                                                                    
of the fiscal year. Moving  it to the personal services line                                                                    
meant the  payments would be  made monthly with  payroll. He                                                                    
expounded that there was a  little bit of an investment loss                                                                    
by not  having a lump  sum payment applied at  the beginning                                                                    
of the year; thus, the  pension system earned slightly less.                                                                    
The $200,000 cost  was significantly less than  the state GF                                                                    
savings.                                                                                                                        
                                                                                                                                
4:30:55 PM                                                                                                                    
                                                                                                                                
Mr.  Steininger  reported that  fiscal  note  4 [FN4  (State                                                                    
Retirement  Payments)]   FN  4  was  prepared   by  OMB.  He                                                                    
explained  that  it  reflected  the  consolidation  of  many                                                                    
budget transactions in  every place where there  was a state                                                                    
employee in  the budget.  It was  the aggregate  of applying                                                                    
the 8.11 percent to get to  the 30.11 percent costs for PERS                                                                    
contributions to  state employee  payroll. He noted  the mix                                                                    
of fund  sources and  the distribution  of the  roughly $100                                                                    
million in costs in FY 2022.                                                                                                    
                                                                                                                                
4:31:44 PM                                                                                                                    
                                                                                                                                
Mr. Steininger indicated  that the fiscal note  [FN 3 (State                                                                    
Retirement Payments)] was prepared  by OMB and reflected the                                                                    
reduction to  the language section  of the  operating budget                                                                    
where the state assistance payment was made and was added                                                                       
back in fiscal note 4.                                                                                                          
                                                                                                                                
4:32:14 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick thanked Mr. Steininger for finding the                                                                         
cost savings.                                                                                                                   
                                                                                                                                
4:32:32 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:32:56 PM                                                                                                                    
RECONVENNED                                                                                                                     
                                                                                                                                
Representative Rasmussen MOVED to report SB 55 out of                                                                           
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
SB 55 was REPORTED out of committee with a "do pass"                                                                            
recommendation and with                                                                                                         
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the following day.                                                                     
                                                                                                                                

Document Name Date/Time Subjects
HB 75 - Sectional Analysis & Reference Statutes.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB 75 01.19.21 PERS TL.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB 90 Backup Anchorage Ordinance PVRN.pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB 90 Map States DOR - P2P Tax Info 041421.pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB 90 Backup Revenue Stream Chart.pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB 90 Sectional.pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB 90 Sponsor.pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB75 - Retirement Contribution Examples Handout C.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB75 FY22 Estimated Additional State Contribution PERS Handout D.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB75 FY2022 Budget Impact Handout A.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB75 FY2022 Fund Source Summary Handout B.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB75 HFIN PERS 5.13.2021 Presentation.pdf HFIN 5/13/2021 1:30:00 PM
HB 75
HB 90 Backup Intro Presentation .pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB 110 Amendment 6 051221.pdf HFIN 5/13/2021 1:30:00 PM
HB 110
HB 110 Amendments 1 - 5 051221.pdf HFIN 5/13/2021 1:30:00 PM
HB 110
HB 90 Public Testimony by 051321.pdf HFIN 5/13/2021 1:30:00 PM
HB 90
HB 90 Public Testimony by 051421.pdf HFIN 5/13/2021 1:30:00 PM
HB 90