Legislature(2021 - 2022)ANCH LIO DENALI Rm

11/08/2021 04:00 PM House LABOR & COMMERCE

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Audio Topic
04:01:16 PM Start
04:01:27 PM HB220
05:09:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 220 RETIREMENT SYSTEMS; DEFINED BENEFIT OPT. TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
        HB 220-RETIREMENT SYSTEMS; DEFINED BENEFIT OPT.                                                                     
                                                                                                                                
4:01:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced  that the only order  of business would                                                               
be HOUSE BILL NO. 220, "An  Act relating to the Public Employees'                                                               
Retirement System of Alaska and  the teachers' retirement system;                                                               
providing certain employees an opportunity  to choose between the                                                               
defined  benefit and  defined contribution  plans  of the  Public                                                               
Employees'  Retirement   System  of  Alaska  and   the  teachers'                                                               
retirement system; and providing for an effective date."                                                                        
                                                                                                                                
4:01:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRIER HOPKINS, Alaska  State Legislature, as prime                                                               
sponsor,  presented HB  220.   He said  the proposed  legislation                                                               
would  give  employees  the  option  to  choose  between  defined                                                               
contribution  and  defined  benefit   plans  of  Alaska's  public                                                               
employee retirement system; the  defined benefit plan was removed                                                               
as an option for employees hired in 2006 and forward.                                                                           
                                                                                                                                
REPRESENTATIVE  HOPKINS  began  a PowerPoint  presentation  [hard                                                               
copy included in  the committee packet].  He  said employees have                                                               
been asking  for a  plan that  will allow them  a career  path in                                                               
public  service with  a guarantee  of  what will  be provided  at                                                               
retirement.  He stated that  there is a recruitment and retention                                                               
crisis; some  employees on  the 401K  plan cannot  collect social                                                               
security  benefits; and  HB 220  would  avoid additional  medical                                                               
costs and protect the state  from unfunded liabilities by sharing                                                               
the risk with employees.                                                                                                        
                                                                                                                                
REPRESENTATIVE  HOPKINS said  the City  of Fairbanks  police have                                                               
nine vacant  positions and are  offering a $20,000  sign-on bonus                                                               
[slide 3].   He said  the Department  of Public Safety  (DPS) has                                                               
reported  that it  is  struggling to  attract  applicants as  the                                                               
perception is  the department  is underfunded,  understaffed, and                                                               
lacks a competitive pay and benefits package [slide 4].                                                                         
                                                                                                                                
4:05:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  discussed the  critical turnover  rate of                                                               
Alaska's     educators,    including     teachers,    principals,                                                               
superintendents,  and  support  staff  [slide   5].    There  are                                                               
"leavers" who either leave the  state or leave education work for                                                               
something  else.    He  talked  about  the  expense  of  training                                                               
educators and the drain to the  state when they leave after being                                                               
trained.    He directed  attention  to  key findings  [slide  6],                                                               
wherein  a Rand  Corporation  study  shows that  6  percent is  a                                                               
normal turnover  nationally, while in  Alaska that rate  is 22-25                                                               
percent.    He  said  Governor  Mike  Dunleavy  is  conducting  a                                                               
$300,000  study to  figure out  the cause  and solution  for this                                                               
attrition.  Representative Hopkins  said turnover in education is                                                               
worse in  rural areas [slide 7].   The average turnover  in urban                                                               
Alaska  is  19 percent  for  teachers  and principals;  in  rural                                                               
Alaska, the  numbers increase to  36 percent for teachers  and 38                                                               
percent  for  principals.   This  affects  students'  ability  to                                                               
learn.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  HOPKINS   related  that  teacher   retention  and                                                               
recruitment  survey  results,  compiled   by  the  Department  of                                                               
Education and  Early Development  (DEED), April 2001,  [slide 8],                                                               
show eight influence  items, three of which pertain to  a lack of                                                               
[an  adequate] retirement  system.   He said  these factors  rank                                                               
Alaska   as   the  worst   place   to   retire  as   a   teacher.                                                               
Representative Hopkins displayed  a graph showing the  value of a                                                               
teacher's 401K after  30 years in the system  [slide 9], pointing                                                               
out that  the graph  shows that  a teacher would  not be  able to                                                               
maintain a positive balance.                                                                                                    
                                                                                                                                
4:11:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  described how  HB 220 would  work [slides                                                               
9-13].    He said  the  proposed  legislation would  restore  the                                                               
option for  a modest pension  for Alaskans, while  protecting the                                                               
state from potential  unfunded liabilities, and it  would be cost                                                               
neutral  to  Alaska,  establishing  a pension  option  using  the                                                               
existing contribution  amount to  the defined  contribution plan.                                                               
It would protect  Alaska tax payers with  a variable contribution                                                               
rate;  if the  plan's funding  falls below  90 percent,  employee                                                               
contribution  rates can  rise  from  6-8 percent.    He said  the                                                               
proposed  legislation would  establish  employee  choice:   Those                                                               
hired in Tier 3 of the  Teachers' Retirement System (TRS) or Tier                                                               
4 of the Public Employees'  Retirement System (PERS) could choose                                                               
between a  defined contribution or  defined benefit plan  and use                                                               
their  defined  contribution accounts  to  buy  years of  service                                                               
credit in the new system; all  future hires would have 90 days to                                                               
make  the  choice.   Representative  Hopkins  said employees  are                                                               
eligible for  retirement after 30  years of employment or  at age                                                               
60, with  reduced time for those  working in public safety.   The                                                               
bill would maintain  the status quo for health  care benefits; it                                                               
would include the same health care benefits as PERS 4 and TRS 3.                                                                
                                                                                                                                
4:17:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  listed the  following benefits of  HB 220                                                               
[slides 17-18]:   improved  recruitment and  retention; long-term                                                               
expertise   and  career;   competitiveness  with   other  states;                                                               
improved education  and public safety results;  and efficient use                                                               
of state dollars.  That concluded the PowerPoint presentation.                                                                  
                                                                                                                                
4:19:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS,  in response to a  question from Co-Chair                                                               
Spohnholz,  clarified  that  the  retirement  eligibility  of  30                                                               
years' work or 60 years of  age is determined by whichever occurs                                                               
first.   He added that  under HB 220, a  person no longer  has to                                                               
"retire straight out of the system"  but would not "get the state                                                               
support" until age 65.                                                                                                          
                                                                                                                                
4:22:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS  announced  the  committee  would  hear  invited                                                               
testimony.                                                                                                                      
                                                                                                                                
4:22:33 PM                                                                                                                    
                                                                                                                                
DAN DOONAN, Executive Director,  National Institute on Retirement                                                               
Security,  presented  a PowerPoint  [hard  copy  included in  the                                                               
committee  packet] to  highlight  research done  by the  National                                                               
Institute on  Retirement Security  as it  pertains to  the issues                                                               
being address under HB 220.  He  noted there is a variety of plan                                                               
designs  in  the  public  sector  [slide  2],  including  defined                                                               
benefit and  defined contribution,  and variable  combinations of                                                               
those.  A vertical combination  offers defined contribution after                                                               
a certain  level is reached with  defined benefit.  There  is the                                                               
horizontal defined  benefit and  defined contribution,  where the                                                               
differences occur depending on how much  money is put in each.  A                                                               
third system is  to offer employees a choice.   He discussed risk                                                               
sharing.   He said other  states customize their  defined benefit                                                               
plans.    In  response  to  Co-Chair  Fields,  he  described  the                                                               
horizontal  plan as  being  a "skinny"  defined  benefit with  "a                                                               
savings-based plan on the side."                                                                                                
                                                                                                                                
4:27:56 PM                                                                                                                    
                                                                                                                                
MR.  DOONAN shared  resources on  risk-sharing and  state reforms                                                               
[slide 3].   He showed a graph chart [slide  4] depicting changes                                                               
in  enrollment   in  traditional   teacher  programs   since  the                                                               
recession of  2017-2018.  The  national average is down  about 47                                                               
percent; Alaska  is lower.   He highlighted pension  rates [slide                                                               
5]  of six  defined benefit  states, and  the graph  demonstrates                                                               
high retention  in middle  years for  educators in  these states.                                                               
He followed with a table  [slide 6] showing projected teacher age                                                               
and service years  at exit, which for the six  states is a median                                                               
of  25  service  years  and   58  years  of  age  at  retirement.                                                               
Following  that  was a  figure  showing  median years  of  tenure                                                               
[slide 7], which hovers around  eight years for the public sector                                                               
and half that for the private sector.                                                                                           
                                                                                                                                
4:35:44 PM                                                                                                                    
                                                                                                                                
MR. DOONAN touched  on the reasons that  the defined contribution                                                               
plan costs almost twice as much  for same benefits as the defined                                                               
benefits  plan [slide  8].   In response  to Co-Chair  Fields, he                                                               
said it is less efficient to  generate income from a low interest                                                               
rate.   He moved on to  show that under the  defined contribution                                                               
plan, 15  percent of  assets are not  used for  retirement [slide                                                               
9].   A table shows total  benefit and estate payments  under the                                                               
defined  contribution plan.   Finally,  he  stated that  Michigan                                                               
serves as  a warning for where  Alaska is heading with  a "closed                                                               
plan" [slide  10].  About 12  percent of assets are  going to pay                                                               
benefits from  the trust;  contributions are  about 5  percent of                                                               
the asset  base; and  expected investment  returns are  7 percent                                                               
annually.  If  they don't make the 7 percent,  they start to sell                                                               
investments  to make  benefit payments,  which  is negative  cash                                                               
flow.  He emphasized that  the cashflow situation is important to                                                               
think   about   with   a  closed   plan;   either   invest   more                                                               
conservatively  to  prevent that  from  happening  or don't,  but                                                               
recognized there  will be  higher risks  on the  same investments                                                               
made.  He said  Alaska is at about 9.6 percent  with PERS and TRS                                                               
combined.   That  concluded his  presentation and  he offered  to                                                               
answer questions from the committee.                                                                                            
                                                                                                                                
4:45:47 PM                                                                                                                    
                                                                                                                                
MR. DOONAN,  in response  to Co-Chair  Fields, explained  that in                                                               
particular he  worries about  the negative  cash flow  plans when                                                               
there is a  crash in the stock  market.  With an  open plan, more                                                               
money  comes  in, which  maintains  balance.    He said  that  in                                                               
general, the average public plan  will be less cash flow negative                                                               
than  a closed  plan.    In response  to  Co-Chair Spohnholz,  he                                                               
defined  an "open  plan" as  one  where new  employees join  when                                                               
hired; a "closed plan" can mean  new hires are not allowed in, or                                                               
the current employee is cut off.   With the closed plan, he said,                                                               
over time [the  employer] ends up with a lot  of retirees and few                                                               
workers.   In  the ratio  of  financial risk,  the payroll  grows                                                               
greater over time, he concluded.                                                                                                
                                                                                                                                
4:47:48 PM                                                                                                                    
                                                                                                                                
LISA  PARADY,  Executive  Director,   Alaska  Council  of  School                                                               
Administrators, said the Alaska  Council of School Administrators                                                               
(ACSA) is  an umbrella organization  for several  associations of                                                               
superintendents and  principals.   She stated that  ACSA supports                                                               
the  goals of  HB 220,  specifically the  ability to  attract and                                                               
retain educators.  She said  the association advocates for public                                                               
education  and  works  collaboratively to  draft  joint  position                                                               
statements to list priorities for  education, and recruitment and                                                               
retention is  a top  priority.  She  said ACSA  supports programs                                                               
that bring in and retain  high-quality educators, and that is the                                                               
focus  of  HB  220.    She  said  the  association  promotes  the                                                               
strengthening  of statewide  recruiting efforts.   She  commented                                                               
that years ago  Alaska was competitive and there  were "lines [of                                                               
teacher applicants] out  the door."  Now Alaska has  fallen to be                                                               
one of  the least competitive  states in terms of  its retirement                                                               
benefit system for educators.                                                                                                   
                                                                                                                                
4:51:46 PM                                                                                                                    
                                                                                                                                
MS.  PARADY said  the latest  report from  DEED notes  a turnover                                                               
rate  of  28  percent  of school  administrators  throughout  the                                                               
state.   She indicated a  loss of 100  years of experience.   She                                                               
emphasized the  cost of this  kind of  loss.  She  explained that                                                               
each school spends $20,000 or  more per teacher hired, around $20                                                               
million annually  for recruitment  and training of  new teachers.                                                               
That amount is $75,000 per  principal.  She said teacher turnover                                                               
disrupts student  learning.  She  further relayed  that principal                                                               
turnover  increases   teacher  turnover  rates.     Teachers  and                                                               
administrators are  asking that this  problem be addressed.   She                                                               
concluded that educators in  Alaska need competitive compensation                                                               
and benefits.   She reiterated ACSA's support of the  goals of HB
220.                                                                                                                            
                                                                                                                                
4:57:26 PM                                                                                                                    
                                                                                                                                
JORDAN  ADAMS,  Business   Manager,  Secretary/Treasurer,  Public                                                               
Employees Local 71, described  his responsibilities and expressed                                                               
support for  HB 220.  He  said Alaska has a  problem in retaining                                                               
employees.  He  credited those who have showed up  to work during                                                               
the  pandemic, such  as  first  responders.   He  said when  PERS                                                               
changed   to  Tier   4  [defined   contribution]  in   2006,  the                                                               
legislature recognized  that wages would  need to increase  by 21                                                               
percent  to  retain workers.    He  reported that  [the  state's]                                                               
skilled positions are earning 15-30  percent less than the median                                                               
wage currently being  paid by the Municipality  of Anchorage, and                                                               
"the disparity grows"  in the private industry.   He said skilled                                                               
workers are refusing to take  jobs, which results in "a revolving                                                               
door" of unskilled  applicants.  The state is  losing its skilled                                                               
Tier  1-3 employees.    He  spoke about  a  next  mass exodus  of                                                               
workers.   He  indicated there  was a  survey question  regarding                                                               
leaving state  employment over the  issue of wages  and benefits,                                                               
and he  said there was "a  survey yield of 95  percent positive."                                                               
He opined that wages and benefits  are the answer, and HB 220 can                                                               
be the  first step towards Alaska's  recovery.  He said  he would                                                               
be  supplying  financial  reports   to  the  next  committee  [of                                                               
referral], and he offered to answer questions.                                                                                  
                                                                                                                                
5:03:21 PM                                                                                                                    
                                                                                                                                
JEFF KASPER,  Political Director and Southeast  Regional Manager,                                                               
Alaska  Public  Employees  Association, said  the  Alaska  Public                                                               
Employees  Association (APEA)  is  affiliated  with the  American                                                               
Federation of Teachers and represents  nearly 7,000 people and 25                                                               
bargaining  units across  Alaska.   He listed  the three  strikes                                                               
that Alaska's  public employees have  against them:   those hired                                                               
after 2006  will not  have a reliable  pension when  they retire;                                                               
the majority of public employees  are ineligible to receive their                                                               
earned social security  benefits from private sector  work due to                                                               
the federal  Windfall Elimination Provision; and  Alaska law bars                                                               
public employees  from earning social  security for  their public                                                               
sector work.   He said  these factors make recruitment  of public                                                               
employees increasingly difficult.                                                                                               
                                                                                                                                
MR.  KASPER  said  Alaska's  defined  contribution  plan  is  not                                                               
competitive  in   today's  market   place  and   provides  little                                                               
incentive  to attract  quality applicants.    Worse, without  new                                                               
employees contributing  to the pension funds,  the closed defined                                                               
benefit system  for PERS and  TRS has [exacerbated]  the unfunded                                                               
liability rather  than solving  it, he said.   Mr.  Kasper echoed                                                               
previous   speakers   regarding   Alaska's  issues   related   to                                                               
recruitment  and  retention.   He  said  the most  recent  review                                                               
commissioned  by [the  Legislative  Budget  and Audit  Committee]                                                               
concluded  that the  cost to  replace  employees earning  between                                                               
$50,000  and $75,000  a year  averages  about 20  percent of  the                                                               
salary for  that position.   Further, the study showed  that high                                                               
turnover has  a negative  impact on the  quality and  quantity of                                                               
services  provided.   He  talked  about  novel hiring  techniques                                                               
required as a  result of turnover.  He mentioned  that the annual                                                               
cost of  teacher turnover for  school districts  is approximately                                                               
$20 million.   Mr. Kasper said APEA's internal  polling has shown                                                               
that the return  to the defined benefit plan is  its members' top                                                               
priority since  its end  in 2006.   He  pointed to  other surveys                                                               
showing  support for  defined benefit  and public  pensions.   He                                                               
stated APEA's support of HB 220, and he offered to answer                                                                       
questions.                                                                                                                      
                                                                                                                                
5:08:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ reemphasized Mr. Kasper's point about public                                                                 
employees being ineligible to earn social security benefits.                                                                    
                                                                                                                                
5:08:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS stated his desire to move the proposed                                                                          
legislation quickly when regular session resumes in 2022.  He                                                                   
talked about the challenges around teacher recruitment.                                                                         
                                                                                                                                
[HB 220 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB220 ver. A 11.5.21.PDF HL&C 11/8/2021 4:00:00 PM
HL&C 1/19/2022 3:15:00 PM
HL&C 1/26/2022 5:15:00 PM
HB 220
HB220 Sponsor Statement 11.5.21.pdf HL&C 11/8/2021 4:00:00 PM
HL&C 1/19/2022 3:15:00 PM
HL&C 1/26/2022 5:15:00 PM
HB 220
HB220 Sectional Analysis ver. A 11.5.21.pdf HL&C 11/8/2021 4:00:00 PM
HL&C 1/19/2022 3:15:00 PM
HL&C 1/26/2022 5:15:00 PM
HB 220
HB220 Hopkins Slides Bill Overview 11.5.21.pdf HL&C 11/8/2021 4:00:00 PM
HL&C 1/19/2022 3:15:00 PM
HL&C 1/26/2022 5:15:00 PM
HB 220
HB220 Doonan NIRS Slides 11.5.21.pdf HL&C 11/8/2021 4:00:00 PM
HB 220