Legislature(2023 - 2024)BELTZ 105 (TSBldg)

02/08/2023 03:30 PM Senate EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 14 RIP FOR PUBLIC EMPLOYEES/TEACHERS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Doug Wooliver, Acting Deputy Administrative
Director for the Alaska Court System
+= SB 52 INCREASE BASE STUDENT ALLOCATION TELECONFERENCED
Heard & Held
-- Public Testimony --
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
             SB  14-RIP FOR PUBLIC EMPLOYEES/TEACHERS                                                                       
                                                                                                                                
3:31:42 PM                                                                                                                    
CHAIR TOBIN  announced the  consideration of  SENATE BILL  NO. 14                                                               
"An Act relating to reemployment  of persons who retire under the                                                               
teachers' retirement  system as  mentors; relating  to retirement                                                               
incentives for members of the  defined benefit retirement plan of                                                               
the  teachers'   retirement  system   and  the   defined  benefit                                                               
retirement  plan of  the Public  Employees' Retirement  System of                                                               
Alaska; and providing for an effective date."                                                                                   
                                                                                                                                
3:32:43 PM                                                                                                                    
SENATOR  SCOTT KAWASAKI,  District D,  Alaska State  Legislature,                                                               
Juneau,  Alaska,  provided the  sponsor  statement  on SB  14  as                                                               
follows:                                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     "An Act relating to reemployment  of persons who retire                                                                    
     under  the  teachers'  retirement system;  relating  to                                                                    
     retirement  incentives  for   members  of  the  defined                                                                    
     benefit  retirement plan  of  the teachers'  retirement                                                                    
     system and  the defined benefit retirement  plan of the                                                                    
     Public  Employees'  Retirement  System of  Alaska;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
     Senate Bill  14 would implement a  temporary, voluntary                                                                    
     Retirement Incentive Program  to increase state savings                                                                    
     by  allowing public  employees to  retire  up to  three                                                                    
     years early  and to set in  statute a way for  a school                                                                    
     district  to rehire  retired  educators  through a  12-                                                                    
     month  contract.  Long-serving   public  employees  are                                                                    
     among the  highest paid  in the  state. In  many cases,                                                                    
     pensions  paid to  retiring  employees  would cost  the                                                                    
     state   less  money   than   their  current   salaries.                                                                    
     Providing  high-salaried employees  with the  option to                                                                    
     retire  early would  save  Alaska  money through  lower                                                                    
     personnel costs.                                                                                                           
                                                                                                                                
     SB  14  could  also  help  prevent  layoffs.  The  bill                                                                    
     presents   a  method   of   cost-cutting  and   payroll                                                                    
     reduction without  forcing anyone out of  the workforce                                                                    
     before they are  ready to retire. This  gives the State                                                                    
     of Alaska the opportunity  to reduce operating costs by                                                                    
     opening  vacancies that  enable the  placement of  more                                                                    
     junior  employees.  Retirement incentive  programs  are                                                                    
     regularly  used in  the private  sector to  efficiently                                                                    
     control  personnel  costs   through  market  incentives                                                                    
     rather than heavy-handed layoffs.                                                                                          
                                                                                                                                
     Retirement  Incentive  Programs  have been  used  on  a                                                                    
     temporary  basis three  times in  Alaska's history  and                                                                    
     was last proposed in 2004.  In 1986, Senator Jim Duncan                                                                    
     estimated  savings  at  approximately  $25  million.  A                                                                    
     Legislative  Audit  of  the 1989  Retirement  Incentive                                                                    
     Program demonstrated  a savings  of $22.9  million with                                                                    
     nearly  1,764 individual  participants.  In 1996,  Rep.                                                                    
     McGuire  calculated the  state  gained  $41 million  in                                                                    
     savings through identical legislation.                                                                                     
                                                                                                                                
     Senate  Bill  14 is  an  innovative  policy option  for                                                                    
     state  agencies, municipalities,  and school  districts                                                                    
     to consider as a means  to reduce payroll costs without                                                                    
     layoffs.                                                                                                                   
                                                                                                                                
3:37:18 PM                                                                                                                    
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State                                                                          
Legislature, Juneau, Alaska, presented the sectional analysis on                                                                
SB 14 as follows:                                                                                                               
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     "An Act relating to reemployment of persons who retire                                                                     
     under  the  teachers'  retirement system;  relating  to                                                                    
     retirement  incentives  for   members  of  the  defined                                                                    
     benefit  retirement plan  of  the teachers'  retirement                                                                    
     system and  the defined benefit retirement  plan of the                                                                    
     Public  Employees'  Retirement  System of  Alaska;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
     Section 1: Defines the purpose and intent of the bill.                                                                   
                                                                                                                              
     Sec. 2  AS 14.20.136(a), Page 2, Lines 510                                                                               
                                                                                                                                
          Is  amended  to  update the  statute  under  which                                                                    
          members   (individuals   who   are   eligible   to                                                                    
          participate  in   the  retirement  plan   and  are                                                                    
          covered  by  the  plan)  are  retired     from  AS                                                                    
          14.25.110(a) to AS 14.25.110.                                                                                         
                                                                                                                                
     Sec. 3  AS 14.20.136(f), Page 2, Lines 1117                                                                              
                                                                                                                                
          Is  amended   by  adding   a  new   subsection  AS                                                                    
          14.20.136(f)(2)  to  specify  that (c),  (d),  and                                                                    
          (e)(1) of this section do  not apply to the rehire                                                                    
          of  a member  who is  paid by  the hour  to mentor                                                                    
          teachers  who  have  taught for  fewer  than  four                                                                    
          years.  (c), (d),  and  (e)(1)  require, in  other                                                                    
          circumstances, that  the school  district describe                                                                    
          a  shortage   before  rehiring   retired  members,                                                                    
          publicly  advertise the  position, make  contracts                                                                    
          for  no longer  than  12 months,  and provide  the                                                                    
          administrator with related documentation.                                                                             
                                                                                                                                
     Sec. 4  AS 14.25.043(f), Page 2, Lines 1827                                                                              
                                                                                                                                
          Is  amended  to  update the  statute  under  which                                                                    
          members  are retired  from AS  14.25.110(a) to  AS                                                                    
          14.25.110.                                                                                                            
                                                                                                                                
      Sec. 5  AS 14.25.043(g), Page 2, Lines 2831, Page 3,                                                                    
     Lines 14                                                                                                                   
                                                                                                                                
          Is  amended  to  update the  statute  under  which                                                                    
          members  retire to  specify that  this subsection,                                                                    
          which  allows for  retired and  reemployed members                                                                    
          to receive  group health  plan coverage,  does not                                                                    
          apply to retired members who  are rehired and paid                                                                    
          by  the hour  to mentor  teachers who  have taught                                                                    
          for fewer than four years.                                                                                            
                                                                                                                                
     Sec. 6  AS 14.25.070(a), Page 3, Lines 713                                                                               
                                                                                                                                
          Is  amended to  clarify that  each employer  shall                                                                    
          contribute to the  retirement system 12.56 percent                                                                    
          of all  base salaries  paid to active  and retired                                                                    
          members who  are eligible to receive  group health                                                                    
          plan  coverage,  which  does not  include  retired                                                                    
          members who  are rehired and  paid by the  hour to                                                                    
          mentor teachers.                                                                                                      
                                                                                                                                
     Section 7: Page 3- 6 Lines 15- 24                                                                                        
                                                                                                                                
          Defines  who are  eligible to  use the  retirement                                                                    
          incentive    program   under    the   legislation.                                                                    
          Employer's  may  limit  the  program  to  specific                                                                    
          components,   job    classifications,   geographic                                                                    
          location, or a combination of the three.                                                                              
                                                                                                                                
     Section 8: Page 6  7 Lines 25 - 12                                                                                       
                                                                                                                                
          Requires interested eligible  state employees must                                                                    
          be  employed  for  at least  12  months  prior  to                                                                    
          application   to   an  approved   RIP.   Prohibits                                                                    
          executive branch  employees from  participating in                                                                    
          a RIP.                                                                                                                
                                                                                                                                
     Section 9: Page 7, lines 15  21                                                                                          
                                                                                                                                
          Authorizes certain University  of Alaska employees                                                                    
          who are members of PERS  or TRS may participate in                                                                    
          a  RIP  under  the  appropriate  requirements  for                                                                    
          their    defined   benefit    retirement   program                                                                    
          established under this bill.                                                                                          
                                                                                                                                
     Section 10: Page 7  8, Lines 25  2                                                                                       
                                                                                                                                
          Is  amended  to  give specify  benefit  cannot  be                                                                    
          enacted  under this  bill  until  an agreement  is                                                                    
          executed  with the  administrator that  authorizes                                                                    
          the  employee to  participate in  the RIP.  Allows                                                                    
          the legislature to  change a RIP as  it relates to                                                                    
          employees  for  whom  an agreement  has  not  been                                                                    
          executed.                                                                                                             
                                                                                                                                
     Section 11: Page 8, Lines 5 - 10                                                                                         
                                                                                                                                
          Is amended to  add a new section  which allows the                                                                    
          commissioner  to  adopt regulations  to  implement                                                                    
          and interpret the Act.                                                                                                
                                                                                                                                
     Section 12: Page 8 - 9, Lines 13 - 12                                                                                    
                                                                                                                                
          Provides  definitions of  administrator, employer,                                                                    
          OMB,  PERS,  TRS,  public organization  and  state                                                                    
          agency for  purposes of the Act  established under                                                                    
          this bill.                                                                                                            
                                                                                                                                
     Section 13  Sec. 18: Pages 812                                                                                           
                                                                                                                                
          Is amended to update referenced section numbers.                                                                      
                                                                                                                                
     Sec. 19  Page 12, Lines 1516                                                                                             
                                                                                                                                
          Is  Amended to  say Sections  1    18 of  the acts                                                                    
          applies  to  contracts  entered on  or  after  the                                                                    
          effective date of the legislation.                                                                                    
                                                                                                                                
     Sec. 20  Page 12, Line 17                                                                                                
                                                                                                                                
          Is  amended to  specify that  the only  sections 1                                                                    
          and  717   are  repealed  on  July  1,  2026.  The                                                                    
          teacher mentoring provisions remain in effect.                                                                        
                                                                                                                                
     Sec. 21  Page 12, Line 18                                                                                              
                                                                                                                                
          Provides  an  immediate  effective date  under  AS                                                                    
          01.10.070(c).                                                                                                         
                                                                                                                                
3:41:52 PM                                                                                                                    
CHAIR TOBIN noted Senator Shower was in attendance.                                                                             
                                                                                                                                
3:42:00 PM                                                                                                                    
SENATOR  GRAY-JACKSON  asked  if  municipal  employees  would  be                                                               
eligible.                                                                                                                       
                                                                                                                                
3:42:15 PM                                                                                                                    
MR. HAYES replied that public  sector employees would be eligible                                                               
for the program.                                                                                                                
                                                                                                                                
3:42:31 PM                                                                                                                    
SENATOR STEVENS  opined that it  is concerning to  replace senior                                                               
professors with  inexperienced hires.  He asked whether  the goal                                                               
of SB 14 is to save money or get the best teachers.                                                                             
                                                                                                                                
MR.  HAYES  replied that  the  governor  had implemented  budgets                                                               
forcing  organizations  to  terminate employees.  Generally,  new                                                               
employees  were the  individuals let  go. SB  14 offers  agencies                                                               
another  tool in  their toolbox  by allowing  employees close  to                                                               
retirement  an  opportunity  to   retire  early,  allowing  newer                                                               
employees  to  remain.   No  agency  would  have   to  apply  the                                                               
incentives in SB 14.                                                                                                            
                                                                                                                                
3:44:03 PM                                                                                                                    
SENATOR STEVENS  asked if SB  14 allows older teachers  to retire                                                               
early and return to teaching.                                                                                                   
                                                                                                                                
MR.  HAYES  said  that  the  Department  of  Labor  and  Commerce                                                               
chairperson  added   the  provision  last  year   to  incentivize                                                               
teachers  to mentor  new teachers.  Senator  Kawasaki decided  to                                                               
leave the provision in SB 14.                                                                                                   
                                                                                                                                
3:44:51 PM                                                                                                                    
SENATOR  GRAY-JACKSON asked  how the  retirement provision  would                                                               
address the retirement age of various tiers.                                                                                    
                                                                                                                                
MR. HAYES  said every tier  has the ability for  early retirement                                                               
if the employee  can pay the percentage required.  SB 14 requires                                                               
an employee to be  at least 50 years old, with  at least 17 years                                                               
of service.                                                                                                                     
                                                                                                                                
3:46:00 PM                                                                                                                    
SENATOR  KIEHL stated  a  clause  in SB  14  allows the  Personal                                                               
Employee Retirement  System and Teachers Retirement  System (PERS                                                               
and  TRS)  administrator  to   withdraw  approval  of  retirement                                                               
incentive pay  (RIP) if  it would actuarially  harm the  fund. He                                                               
asked if it is also a requirement for approving RIP.                                                                            
                                                                                                                                
MR. HAYES reiterated  that SB 14 is just a  tool. He replied that                                                               
agencies must  decide who  can apply. For  example, if  an agency                                                               
considers a deputy  director too valuable to  retire, that person                                                               
would not be allowed to  retire. However, a senior employee might                                                               
be  able to,  provided  the employee  was  outside the  executive                                                               
branch.                                                                                                                         
                                                                                                                                
3:47:20 PM                                                                                                                    
SENATOR KIEHL said the Division  of Retirement and Benefits (DRB)                                                               
approves RIPs for  school districts. He asked how  a DRB employee                                                               
would know  whether a school  district could fill  specific jobs.                                                               
He opined that it would be difficult  for the head of DRB to know                                                               
the  answers to  the concerns  of school  districts, such  as the                                                               
reasonable chance of filling a position.                                                                                        
                                                                                                                                
3:48:11 PM                                                                                                                    
MR. HAYES  replied that  before it reaches  the state  level, the                                                               
assumption is  school districts, working with  the school boards,                                                               
would  decide  what  positions could  retire  early.  They  would                                                               
select  the provisions  necessary  to hire  someone  to fill  the                                                               
position. Local government  would make the decision  and carry it                                                               
forward.                                                                                                                        
                                                                                                                                
3:48:54 PM                                                                                                                    
SENATOR STEVENS  asked how  the University  of Alaska  and school                                                               
districts have responded to SB 14.                                                                                              
                                                                                                                                
MR.  HAYES replied  that  the  University of  Alaska  had yet  to                                                               
respond,  and  school  districts   have  had  a  mixed  response.                                                               
Although some school districts like  having another tool in their                                                               
toolbox,  others fear  needed teachers  will retire.  Yet, school                                                               
districts  control  the   retirement  eligibility  mechanism.  He                                                               
stated he continues explaining SB  14 to those districts that are                                                               
uncertain.                                                                                                                      
                                                                                                                                
3:50:02 PM                                                                                                                    
DOUG  WOOLIVER, Deputy  Director,  Office  of the  Administrative                                                               
Director,  Alaska Court  System,  Anchorage,  Alaska, stated  the                                                               
court system offered  a retirement incentive program in  FY 17 as                                                               
a money-saving  tool. The  agency did not  have the  authority to                                                               
offer  early retirement,  which would  require statutory  change.                                                               
Instead, it offered severance pay.  If an employee worked for the                                                               
court  system for  a  minimum of  10 years  and  was eligible  to                                                               
retire  for at  least  three years,  the  employee would  receive                                                               
three months  of salary as  an incentive  to quit. There  were 28                                                               
eligible employees, making it easy  to determine whether valuable                                                               
people  would be  lost. Fourteen  people  accepted the  severance                                                               
package. The agency knew it  could easily fill some positions and                                                               
not fill  others. The first  year was  a saving of  $680,000. The                                                               
amount  of  savings  decreased  each  year  as  employees'  steps                                                               
increased. It was  a successful program used  during tough budget                                                               
years.                                                                                                                          
                                                                                                                                
3:52:41 PM                                                                                                                    
SENATOR  KIEHL said  he understood  the reason  for the  ten-year                                                               
service requirement  but asked for  an explanation of  the three-                                                               
year retirement eligibility requirement.                                                                                        
                                                                                                                                
MR. WOOLIVER replied that it  was to encourage eligible people to                                                               
retire.                                                                                                                         
                                                                                                                                
3:53:37 PM                                                                                                                    
SENATOR KIEHL  responded that people  could have  been encouraged                                                               
to retire  one month after  eligibility. He asked why  the agency                                                               
chose three years instead.                                                                                                      
                                                                                                                                
MR. WOOLIVER  replied he  was unsure why  the agency  chose three                                                               
years except  that people eligible  for three years  had probably                                                               
been  considering  retirement. Also,  the  agency  looked at  how                                                               
years  of retirement  eligibility affected  participation numbers                                                               
to  manage the  loss  of  long-term employees.  It  is a  balance                                                               
between saving money and keeping experienced employees.                                                                         
                                                                                                                                
3:54:40 PM                                                                                                                    
CHAIR TOBIN held SB 14 in committee.                                                                                            

Document Name Date/Time Subjects
SB 14 Sponsor Statement version A 01.31.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 14
SB 14 Version A 02.03.2023.PDF SEDC 2/8/2023 3:30:00 PM
SB 14
SB 14 Sectional Analysis version A 1.24.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 14
SB 14 Fiscal Note DOA-DRB 01.27.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 14
SB 14 Fiscal Note GOV-OMB 01.27.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 14
SB 14 Legislative Research Report 01.31.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 14
SB 14 Research KCAW Story 01.31.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 14
SB 52 version A 02.01.2023.PDF SEDC 2/8/2023 3:30:00 PM
SB 52
SB 52 Sponsor Statement 02.07.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52
SB 52 Sectional Analysis 02.07.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52
SB 52 Fiscal Note EED-FP 02.01.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52
SB 52 Fiscal Note EED-PEF 02.01.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52
Education Funding Testimony Volume 1 - Received as of 02.03.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52
Education Funding Testimony Volume 2 - Received as of 02.03.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52
Education Funding Testimony Volume 3 - Received as of 02.03.2023.pdf SEDC 2/8/2023 3:30:00 PM
SB 52