Legislature(2013 - 2014)SENATE FINANCE 532

04/12/2014 10:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- 15 Minutes Upon Adjournment --
*+ SB 220 PERS/TRS STATE CONTRIBUTIONS TELECONFERENCED
Heard & Held
+ SB 209 REGULATION OF SMOKING TELECONFERENCED
Moved CSSB 209(HSS) Out of Committee
+ SB 193 CONTRACTORS: BONDS; LICENSING TELECONFERENCED
Moved SB 193 Out of Committee
+ SB 141 NATIONAL GUARD ID & VEHICLE FEES TELECONFERENCED
Heard & Held
+= HB 32 LINES OF BUSINESS ON BUSINESS LICENSE TELECONFERENCED
Scheduled But Not Heard
+= HCR 15 TASK FORCE ON UNMANNED AIRCRAFT SYSTEMS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 220                                                                                                           
                                                                                                                                
     "An Act  relating to additional state  contributions to                                                                    
     the teachers'  defined benefit retirement plan  and the                                                                    
     public employees' defined  benefit retirement plan; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
Co-Chair  Kelly noted  that the  committee  was hearing  the                                                                    
bill for the first time.                                                                                                        
                                                                                                                                
ANGELA RODELL, COMMISSIONER,  DEPARTMENT OF REVENUE, pointed                                                                    
to  a  PowerPoint   presentation  titled  "PERS/TRS  Funding                                                                    
Solution"  dated April  2014 (copy  on  file). She  stressed                                                                    
that  pension funding,  and its  associated liability  was a                                                                    
concern for  many years. She  stated that she  had evaluated                                                                    
the  history, and  shared that  there had  been several  Arm                                                                    
Board meetings  that addressed the  severity and  urgency of                                                                    
the unfunded liability.                                                                                                         
                                                                                                                                
MICHAEL   BARNHILL,  DEPUTY   COMMISSIONER,  DEPARTMENT   OF                                                                    
ADMINISTRATION,  pointed  to  slide 3,  which  outlined  the                                                                    
organization of  the state's pension system.  He stated that                                                                    
the far  left showed the  DOR Treasury Division,  the middle                                                                    
showed  the  Alaska  Retirement Management  Board,  and  the                                                                    
right  showed the  Department  of  Administration (DOA).  He                                                                    
moved to slide  4. He announced there  were currently 27,000                                                                    
active employees and close to  42,000 retirees. He looked at                                                                    
slide 5  titled "Benefits."  The state was  currently paying                                                                    
out $1 billion  in benefits. All told the  state was looking                                                                    
at over  $130 billion in  benefit payments over the  next 70                                                                    
years.   He  stressed   that  the   unfunded  liablity   was                                                                    
approximately $11.9 billion                                                                                                     
                                                                                                                                
5:25:43 PM                                                                                                                    
                                                                                                                                
Mr. Barnhill looked at the  basic actuarial formula on slide                                                                    
6.  He stated  that  hopefully the  amount  would equal  the                                                                    
benefits. He  stated that it  was 7.5 percent  for teachers,                                                                    
and the amount typically did  not change, but it had changed                                                                    
in the past.  He remarked that TRS had gone  from 12 percent                                                                    
to over  70 percent.  He pointed to  a variety  of actuarial                                                                    
assumptions. He turned to slide 7 titled "Events":                                                                              
                                                                                                                                
     2002 - Milliman actuarial audit; dotcom collapse                                                                           
                                                                                                                                
     2003  -  FY  2002   valuations  released  with  revised                                                                    
     assumptions. $4.1 billion unfunded liability                                                                               
                                                                                                                                
     2005  -  SB 141  enacted:  DB  plans closed;  DC  plans                                                                    
     created; PERB/TRB/ASPIB sunset; ARM Board created                                                                          
                                                                                                                                
     2007  -  ARM  Board   files  suit  against  Mercer  for                                                                    
     actuarial negligence; SB 123 enacted: PERS cost share                                                                      
                                                                                                                                
     2008  - SB  125  enacted;  employer contribution  rates                                                                    
     capped;  state   assistance  begins;   Great  Recession                                                                    
     begins                                                                                                                     
                                                                                                                                
     2009 - PERS/ TRS investment loss: 20.5 percent                                                                             
                                                                                                                                
     2010 - Mercer litigation  settled for $500 million, net                                                                    
     $403  million;  other  states   begin  to  cut  defined                                                                    
     benefits, change plans                                                                                                     
                                                                                                                                
     2012 - Arm Board adopts level dollar amortization ;                                                                        
     $11.9 billion unfunded liablity                                                                                            
                                                                                                                                
     2013 - 12.5 percent investment gain; recession over                                                                        
     question                                                                                                                   
                                                                                                                                
5:31:39 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer queried  what kind of cash  infusion it would                                                                    
take to  get to the  80 percent. Mr. Barnhill  answered that                                                                    
if the $3 billion was funded  the 80 percent would not quite                                                                    
be  reached.  He  looked  at  the  actuarial  letter,  which                                                                    
outlined the date as to which it would be met.                                                                                  
                                                                                                                                
Co-Chair Meyer  asked if it  was easier to reach  80 percent                                                                    
if  there was  a focus  on only  one approach.  Mr. Barnhill                                                                    
replied that  it was difficult  to say, when  the discussion                                                                    
was  regarding appropriating  billions of  dollars from  the                                                                    
Constitutional Budget  Reserve (CBR).  He stressed  that TRS                                                                    
had  a  $4.7 billion  unfunded  liability,  so if  that  was                                                                    
funded more  that PERS, the  question was whether  TRS could                                                                    
reach the  80 percent  mark quicker than  TRS. He  felt that                                                                    
approach  was possible,  because it  was a  smaller unfunded                                                                    
liability.  He added  that,  with  the governor's  proposal,                                                                    
PERS would reach the 80 percent  level in 2025 and TRS would                                                                    
reach the 80 percent level in 2027.                                                                                             
                                                                                                                                
Co-Chair Meyer agreed  that TRS would be easier  to reach 80                                                                    
percent, but felt that the  PERS was a shared responsibility                                                                    
with  60 percent  from  the  state at  40  percent from  the                                                                    
municipalities.  Mr. Barnhill  agreed that  it was  a shared                                                                    
responsibility.  He  remarked  that   there  could  be  some                                                                    
additional  cost   sharing  between  the  state   of  Alaska                                                                    
employers and  the municipal employer, but  the question was                                                                    
regarding the best method to share the responsibility.                                                                          
                                                                                                                                
Mr.  Barnhill  moved  to  slides  9  and  10  that  included                                                                    
different  ways to  pay down  the unfunded  liability. Until                                                                    
2012,  the  ARM  Board  had methodologies  to  amortize  the                                                                    
unfunded  liability  over  a   25-year  period  at  a  level                                                                    
percentage  of pay.  This  means that  the  payments on  the                                                                    
unfunded  liability  will  increase  at  the  same  rate  as                                                                    
payroll. He  stated that the  trend of the payments  from FY                                                                    
15  through  the FY  20s,  the  payments will  increase.  He                                                                    
remarked that  there was a  concern that the  approach would                                                                    
be more expensive  over time, so the ARM  Board had examined                                                                    
dozens of  scenarios to find  an affordable  and appropriate                                                                    
way to address the unfunded  liability. He stated that slide                                                                    
10  showed  that  the  ARM   Board  created  a  level-dollar                                                                    
amortization, which  provided for level payments  over time.                                                                    
This formula was  identical to a house  mortgage formula. He                                                                    
noted that the payments would  increase from $630 million in                                                                    
FY 14 to  $975 million in FY 15, then  crest over $1 billion                                                                    
in in FY 16, and slowly  decrease after that. He stated that                                                                    
the ARM Board's recommendation  caused some concern, because                                                                    
of the  affordability of  the cash  infusion. Reconciliation                                                                    
must be met between the  current needs and the future needs.                                                                    
The  governor weighed  man approaches  to strike  the future                                                                    
and current needs.                                                                                                              
                                                                                                                                
GARY  BADER, CHIEF  INVESTMENT  OFFICER, TREASURY  DIVISION,                                                                    
DEPARTMENT OF REVENUE, introduced himself.                                                                                      
                                                                                                                                
5:38:48 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:39:14 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Kelly  asked to  leave the  investments out  of the                                                                    
presentation,  because that  topic had  been discussed  at a                                                                    
previous meeting.                                                                                                               
                                                                                                                                
Commissioner  Rodell  moved  to slide  16,  "Problem:  $11.9                                                                    
Billion Retirement System Unfunded Liability."                                                                                  
                                                                                                                                
     The Public Employees Retirement System (PERS) and                                                                          
     Teachers' Retirement System (TRS) combined unfunded                                                                        
     liability is $11.9 billion                                                                                                 
                                                                                                                                
     State Assistance payments to PERS and TRS rise from                                                                        
    $629 million in FY2014 to over $1 billion per year                                                                          
                                                                                                                                
     Funding State Assistance solely through the operating                                                                      
     budget crowds out funding for other vital public                                                                           
     services                                                                                                                   
                                                                                                                                
     Rating agencies express concern with the increasing                                                                        
     liability                                                                                                                  
                                                                                                                                
Commissioner  Rodell  highlighted  slide 17,  "Proposal:  $3                                                                    
Billion Investment in Trust Funds."                                                                                             
                                                                                                                                
     Invest a total of $3 billion in the Retirement Trusts                                                                      
     in FY 15:                                                                                                                  
                                                                                                                                
         $1.12 billion - Teachers' Retirement Fund                                                                              
          $1.88 billion - Public Employees' Retirement Fund                                                                     
                                                                                                                                
     Funding source: The CBR                                                                                                    
                                                                                                                                
     Includes state assistance payments for FY 15                                                                               
                                                                                                                                
     Beginning FY 16, State Assistance payments would be                                                                        
     fixed at $500 million annually:                                                                                            
                                                                                                                                
          $157 million - Public Employees' Retirement                                                                           
          System (PERS)                                                                                                         
                                                                                                                                
          $343 million - TRS                                                                                                    
                                                                                                                                
     State assistance projected until FY 36; length of time                                                                     
     depends on actuarial gains or losses experienced                                                                           
                                                                                                                                
Commissioner   Rodell  looked   at  slide   19,  "Governor's                                                                    
Proposal." She  noted that the governor  proposed a one-time                                                                    
cash infusion, so  the annual payments into  the 2030s would                                                                    
remain at $500 million per year.                                                                                                
                                                                                                                                
5:42:50 PM                                                                                                                    
                                                                                                                                
Senator Bishop thanked the  department for the presentation.                                                                    
He  asked about  the  number one  credit  concern raised  by                                                                    
ratings agencies. He wondered  if the ratings agencies would                                                                    
provide something to  the state showing that  its credit was                                                                    
okay if  the infusion was made.  Commissioner Rodell replied                                                                    
that  the ratings  agencies issued  reports. The  department                                                                    
would  report  on  the  action  taken  by  the  legislature,                                                                    
expected to see something over the course of the year.                                                                          
                                                                                                                                
Vice-Chair  Fairclough   asked  about  the   two  components                                                                    
related  to   the  ratings  agencies.   Commissioner  Rodell                                                                    
answered  that each  of  the ratings  agencies  had its  own                                                                    
criteria.  Debt counted  for an  additional  20 percent  and                                                                    
also included pension debt.                                                                                                     
                                                                                                                                
Senator Dunleavy  had heard that  if a certain  approach was                                                                    
used  the  accumulated  debt included  bonds,  the  unfunded                                                                    
liability,  and  other potential  liabilities.  Commissioner                                                                    
Rodell  replied  that  agencies   had  noted  strengths  and                                                                    
challenges  in   their  reports.  She  announced   that  the                                                                    
unfunded liability  was listed as  a credit concern  for the                                                                    
state.                                                                                                                          
                                                                                                                                
Senator Dunleavy  wondered what about the  proposed approach                                                                    
was made  it the best option.  Commissioner Rodell responded                                                                    
that the  approach recognized that  additional contributions                                                                    
were necessary  and that a lump  sum was not enough  to make                                                                    
the  trust funds  healthy, but  amortized the  debt over  25                                                                    
years and put the state in a better place 5 years from now.                                                                     
                                                                                                                                
5:51:21 PM                                                                                                                    
                                                                                                                                
Senator Dunleavy  asked what the department  would say about                                                                    
putting  another   $2  billion  or  other   into  the  fund.                                                                    
Commissioner  Rodell answered  that DOR  would examine  what                                                                    
the  ongoing  obligation  would  be  for  an  additional  $2                                                                    
billion. She  remarked that $3  billion was  chosen, because                                                                    
there  was   a  consideration  for  other   needs  from  the                                                                    
reserves.                                                                                                                       
                                                                                                                                
Co-Chair Meyer  referred to Vice-chair  Fairclough's earlier                                                                    
question.  He surmised  that the  cash infusion  would be  a                                                                    
good   option,  if   oil   revenue   would  be   increasing.                                                                    
Commissioner Rodell believed it  was the challenge the state                                                                    
was faced with related to  the revenue forecast. The concern                                                                    
was  not  something  that would  continue  to  have  support                                                                    
especially  with a  closed system.  There was  no reason  to                                                                    
believe that it  would not. She stressed  that the liability                                                                    
was inching  up instead of  down, which was why  the concern                                                                    
remained.                                                                                                                       
                                                                                                                                
Co-Chair  Meyer would  appreciate  acknowledgement from  the                                                                    
ratings agencies on how the  action would impact the state's                                                                    
credit rating.  He asked if  the bill locked the  state into                                                                    
annual  payments   of  $500  million.   Commissioner  Rodell                                                                    
replied that the bill did  not lock the legislature into the                                                                    
amount, it only recognized a fixed amount.                                                                                      
                                                                                                                                
Co-Chair Meyer wondered how it  differed from the pay as you                                                                    
go plan.  Commissioner Rodell answered  that the pay  as you                                                                    
go method did not allow  for the one-time appropriation. The                                                                    
bill  recognized   the  actuarial  recommendation   and  the                                                                    
commitment to an annual payment.                                                                                                
                                                                                                                                
Co-Chair  Meyer  asked  about   the  $700  million  payment.                                                                    
Commissioner  Rodell answered  that  the  bill included  the                                                                    
amount.                                                                                                                         
                                                                                                                                
Co-Chair  Kelly did  not see  vast  differences between  the                                                                    
approaches  to  justify  the  bond  rating  improvement.  He                                                                    
wondered if Commissioner  Rodell had ever worked  for a bond                                                                    
rating  agency. Commissioner  Rodell  replied  that she  had                                                                    
never worked for a bond rating agency.                                                                                          
                                                                                                                                
Co-Chair Kelly  never heard the  case beyond bond  raters on                                                                    
why the state should not use the pay as you go method.                                                                          
                                                                                                                                
5:57:55 PM                                                                                                                    
                                                                                                                                
Vice-Chair   Fairclough  pointed   to   slide   18  of   the                                                                    
presentation.  She   queried  the  effect  on   the  state's                                                                    
partners with  the accumulation  of the  38 percent  and the                                                                    
extension on  the flat payments.  She wondered how  the flat                                                                    
payments would  impact the municipalities.  She specifically                                                                    
wondered  if  there  was  an   analysis  of  the  additional                                                                    
employer  contributions that  would be  required at  a local                                                                    
level  to support  the proposal.  Mr. Barnhill  replied that                                                                    
those payments  had been calculated,  and agreed  to provide                                                                    
that information.  He stated that  the Buck  letter outlined                                                                    
the specifics of those payments.                                                                                                
                                                                                                                                
Vice-Chair Fairclough  clarified that she was  interested in                                                                    
specific costs  to communities. She believed  that Anchorage                                                                    
was in the $200 million range.                                                                                                  
                                                                                                                                
Co-Chair Kelly asked the presenters to stay on track.                                                                           
                                                                                                                                
6:02:10 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  wondered   about  an  allocation  to                                                                    
PERS/TRS, and stated that  David Teal, Director, Legislative                                                                    
Finance Division had stated that  the unfunded liability was                                                                    
100  percent the  state's responsibility.  She wondered  why                                                                    
the  specific mix  had been  chosen.  Mr. Barnhill  answered                                                                    
that there were  a variety of reasons and ways  to slice and                                                                    
dice  the   issue.  He  stressed  that   the  PERS  unfunded                                                                    
liability was greater than TRS.                                                                                                 
                                                                                                                                
Vice-Chair  Fairclough  looked  at  the  unfunded  liability                                                                    
ratio, and  remarked that the unfunded  liability was higher                                                                    
in the TRS  system. She remarked that 80 percent  was a good                                                                    
target,  but the  lower rates  would affect  the ratio.  She                                                                    
wondered  why the  ratio was  not  examined as  well as  the                                                                    
dollars.                                                                                                                        
                                                                                                                                
Co-Chair Kelly asked  if 60 percent was  the minimum funding                                                                    
for  TRS. Mr.  Barnhill replied  that he  would like  to get                                                                    
above 60 percent.  He furthered that exploring  ratios was a                                                                    
legitimate concern,  and he  was willing  to engage  in that                                                                    
conversation.                                                                                                                   
                                                                                                                                
Co-Chair  Meyer referred  to the  bill language  "subject to                                                                    
appropriation." He  was attempting to determine  what a bond                                                                    
rater  may  consider. He  felt  that  the proposal  may  not                                                                    
appropriate  the amount.  Commissioner  Rodell replied  that                                                                    
the   language   was   to   recognize   the   constitutional                                                                    
requirement that future legislatures could not be bound.                                                                        
                                                                                                                                
Co-Chair Meyer  asked if  the language  would give  the bond                                                                    
raters cause  for concern. Commissioner Rodell  replied that                                                                    
DOR had  made avenues  available to  adjust the  amount. She                                                                    
stressed that the focus what  on not locking in to something                                                                    
the state could not sustain.                                                                                                    
                                                                                                                                
Co-Chair  Meyer  pointed  to  an issue  that  had  not  been                                                                    
addressed. He  believed Alaska was  one of four  states that                                                                    
counted its  medical benefits in the  unfunded liability. He                                                                    
wondered if  the state  received credit  for counting  it in                                                                    
the unfunded  liability. Commissioner Rodell replied  in the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
SB  220  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 141 - Sponsor Statement.pdf SFIN 4/12/2014 10:00:00 AM
SB 141
SB 141 - Supporting - AK National Guard Benefits Summary.pdf SFIN 4/12/2014 10:00:00 AM
SB 141
SB 141 - Supporting - Legislative Research Report.pdf SFIN 4/12/2014 10:00:00 AM
SB 141
SB209 House Bill 360_SB 209 Resolution of Support.pdf SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Public Testimony - Rathkopf.msg SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Public Testimony - Shuey.pdf SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Public Testimony - Smalley.pdf SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Resolution of Support for Smokefree Alaska copy.pdf SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Vaping community - Jacobs.msg SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Public Testimony - Olendorff.pdf SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Mat-Su Health Foundation support of SB209 - Ripley.msg SFIN 4/12/2014 10:00:00 AM
SB 209
SB220 Request concerning Unfunded Pension Liability - Lucas.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Please support Governor Parnell's 3B infusion to the retirement fund - Rice.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Public Testimony - Keffer.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Pension Liability Solution - Wilson.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 SFin Committee Testimony - RPEA - Dulany.doc SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Public Testimony - Wilki.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Opposition - Garrett.pdf SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Concerned retiree urges support if SB 220 - Fleischer.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Public pension liability - Sather.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Unfunded PERS Liability - Walker.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Unfunded PERS Liability - Millard.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Responsible and Intelligent Funding of Retiree Trusts - Coti.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Public Testimony - Gilman.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Public Testimony - Johnson.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 Alaska_Fiscal Note_Governor's Proposal SB 220 041214.pdf SFIN 4/12/2014 10:00:00 AM
SB 220
SB220 PersTers Testimony - Lynch.msg SFIN 4/12/2014 10:00:00 AM
SB 220
SB 209 Public Testimony Vapor - Blondeau.msg SFIN 4/12/2014 10:00:00 AM
SB 209
SB209 Public Testimony - Akelkok.msg SFIN 4/12/2014 10:00:00 AM
SB 209
SB220 Legislative Pres V6.pdf SFIN 4/12/2014 10:00:00 AM
SB 220
SB 220 - Sectional Analysis.pdf SFIN 4/12/2014 10:00:00 AM
SB 220