Legislature(2021 - 2022)SENATE FINANCE 532

02/24/2022 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 151 EXTEND ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SB 173 DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SJR 12 SOCIAL SECURITY BENEFIT REDUCTION REPEAL TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE JOINT RESOLUTION NO. 12                                                                                                
                                                                                                                                
     Urging  the  United  States   Congress  to  repeal  the                                                                    
     Windfall Elimination  Provision and  Government Pension                                                                    
     Offset of the Social Security Act.                                                                                         
                                                                                                                                
10:09:44 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop relayed that it was the first hearing of                                                                        
SJR 12.                                                                                                                         
                                                                                                                                
10:10:13 AM                                                                                                                   
                                                                                                                                
Senator Bill Wielechowski, Sponsor, explained that SJR 12:                                                                      
                                                                                                                                
      SJR  12   urges  Congress   to  repeal   the  Windfall                                                                    
     Elimination  Provision  (WEP)  and  Government  Pension                                                                    
     Offset (GPO) of  the Social Security Act.  The WEP cuts                                                                    
     the  Social Security  benefits of  public employees  in                                                                    
     Alaska  if  they  plan to  switch  between  the  public                                                                    
     sector and  private sector or  military. In  2021, this                                                                    
     loss  could be  as much  as  $498 per  month, or  about                                                                    
     $6,000  a  year.  The  GPO   cuts  spousal  or  widows'                                                                    
     benefits for public employees for  no reason other than                                                                    
     their work in the public  sector. This cut could amount                                                                    
     to  as much  as 2/3rds  the value  of the  individual's                                                                    
     government pension.                                                                                                        
                                                                                                                                
     Because  Alaska is  one  of few  states  that does  not                                                                    
     offer  a defined  benefit plan  or coverage  for social                                                                    
     security,  the WEP  and GPO  affect  more Alaskans  per                                                                    
     capita  than  any  other  state.  Public  employees  in                                                                    
     Alaska  are  being punished  for  choosing  to work  in                                                                    
     public  service.  The  WEP and  GPO  negatively  impact                                                                    
     recruitment  and retention  of Alaska  public employees                                                                    
     such  as firefighters,  police officers  and especially                                                                    
     teachers. Those who do not  want to be subject to these                                                                    
     provisions will  simply look elsewhere  for employment.                                                                    
     Punishing individuals for  choosing public service runs                                                                    
     counter  to  retaining  dedicated Alaskan  workers  and                                                                    
     recruiting the best of the best to Alaska.                                                                                 
                                                                                                                                
     Passage  of SJR  12  will demonstrate  that the  Alaska                                                                    
     Legislature opposes  arbitrary and  unfair cuts  to the                                                                    
     rightfully   earned   Social   Security   benefits   of                                                                    
     Alaskans.                                                                                                                  
                                                                                                                                
     Alaskans deserve  to retire with  dignity. I  urge your                                                                    
     support of SJR 12.                                                                                                         
                                                                                                                                
10:12:29 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop asked about the Windfall Elimination                                                                            
Provision (WPE).                                                                                                                
                                                                                                                                
Senator Wielechowski explained that the WPE would be                                                                            
further discussed in the presentation.                                                                                          
                                                                                                                                
10:12:52 AM                                                                                                                   
                                                                                                                                
KEEGAN FARONE, STAFF TO SENATOR WIELECHOWSKI, discussed a                                                                       
presentation entitled "Senate Joint Resolution 12, Senator                                                                      
Wielechowski, 24 Feb 2022," (copy on file).                                                                                     
                                                                                                                                
Mr.   Farone   showed   slide   2,   "Windfall   Elimination                                                                    
Provision:                                                                                                                      
                                                                                                                                
     • The Windfall Elimination Provision (WEP) was enacted                                                                     
      in 1983 by the Social Security Administration.                                                                            
                                                                                                                                
     • The WEP reduces Social Security benefit payments to                                                                      
        beneficiaries  whose  work  histories  include  both                                                                    
        Social Securitycovered  and  non-covered employment,                                                                    
        with  the  non-covered  employment   also  providing                                                                    
        pension coverage.                                                                                                       
                                                                                                                                
     • WEP reductions could amount to nearly $75 million                                                                        
        annually for affected Alaskans.                                                                                         
                                                                                                                                
     • In Alaska, the WEP potentially affects any public                                                                        
        employee who is also eligible for Social Security.                                                                      
                                                                                                                                
Mr. Farone addressed slide 3:                                                                                                   
                                                                                                                                
        • For the first bend in average annual earnings,                                                                        
          the  WEP  reduces  the replacement  rate  from  90                                                                    
          percent to as low as  40 percent, depending on the                                                                    
          quantity   of  years   of  qualified   substantial                                                                    
         earnings under Social Security coverage.                                                                               
                                                                                                                                
Mr. Farone estimated  that WEP reductions could  result in a                                                                    
$75 million reduction annually for affected Alaskans.                                                                           
                                                                                                                                
10:13:32 AM                                                                                                                   
                                                                                                                                
Co-Chair  Bishop asked  whether the  $75 million  figure had                                                                    
been  provided  by  the  sponsor   or  the  Social  Security                                                                    
Administration.                                                                                                                 
                                                                                                                                
Mr. Farone replied  that the estimate was based  on the $498                                                                    
per month,  multiplied by the  number of  Alaskans  affected                                                                    
by the WEP.                                                                                                                     
                                                                                                                                
Co-Chair  Bishop  added  that  the  number  included  direct                                                                    
payments and not indirect payments.                                                                                             
                                                                                                                                
Mr. Farone agreed.                                                                                                              
                                                                                                                                
10:14:41 AM                                                                                                                   
                                                                                                                                
Mr. Farone reiterated that the first bend from slide 3.                                                                         
                                                                                                                                
10:15:10 AM                                                                                                                   
                                                                                                                                
Mr. Farone  relayed that the Three  Bend Formula constituted                                                                    
the  primary insurance  amount (PIA),  which was  the amount                                                                    
paid  to a  retiree at  full  retirement age.  He said  that                                                                    
under the WEP there would be  no reductions in the second or                                                                    
third bend of the formula, only the first bend.                                                                                 
                                                                                                                                
10:15:32 AM                                                                                                                   
                                                                                                                                
Mr.  Farone   spoke  to   slide  4,   "Windfall  Elimination                                                                    
Provision":                                                                                                                     
                                                                                                                                
          • The WEP affects more Alaskans per capita than                                                                       
             any other state.                                                                                                   
                                                                                                                                
          • Reductions under the WEP may equate to as much                                                                      
             as $498 per month, or approximately $5,976                                                                         
             annually.                                                                                                          
                                                                                                                                
Mr.  Farone shared  that there  were 12,000  retired workers                                                                    
affected by  the WEP,  60 of which  were disabled,  478 were                                                                    
spouses  and  children,   which  combined  constituted  11.6                                                                    
percent  of   all  Alaskan  social   security  beneficiaries                                                                    
affected by the WEP.                                                                                                            
                                                                                                                                
10:16:03 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  went back  to slide 3.  He shared  that he                                                                    
supported  the   resolution.  He   thought  the   issue  was                                                                    
surprising to many  who did not realize it  existed until it                                                                    
was  directly affecting  their social  security payout.   He                                                                    
asked  Mr. Farone  to explain  Table 3  on slide  3, without                                                                    
acronyms.                                                                                                                       
                                                                                                                                
Mr.    Farone   explained    that   the    Social   Security                                                                    
Administration  had   a  chart   that  indicated   what  the                                                                    
considered  to  be  substantial  earnings,  which  increased                                                                    
yearly. He  said that if a  person did not have  at least 30                                                                    
years of what the  social security administration considered                                                                    
to  be  substantial  earnings, for  every  year  below  that                                                                    
number  90  percent of  the  first  $996  was reduced  by  5                                                                    
percent.                                                                                                                        
                                                                                                                                
Co-Chair  Stedman believed  that the  practice was  called a                                                                    
 social security offset.                                                                                                        
                                                                                                                                
Mr. Farone clarified that the practice was called the WEP.                                                                      
                                                                                                                                
10:17:52 AM                                                                                                                   
                                                                                                                                
Co-Chair  Bishop  asked about  slide  4.  He wondered  about                                                                    
Alaskas anomalous number of per capita workers.                                                                                 
                                                                                                                                
Mr.  Farone agreed  that Alaska  had the  most workers,  per                                                                    
captia, affected by the WEP.                                                                                                    
                                                                                                                                
10:18:15 AM                                                                                                                   
                                                                                                                                
Mr. Farone showed slide 5, "Government Pension Offset":                                                                         
                                                                                                                                
   Government Pension Offset                                                                                                  
                                                                                                                              
     • The Government Pension Offset (GPO) reduces Social                                                                       
        Security benefits paid to spouses  or survivors when                                                                    
        the spouse  or  survivor  earned  a pension  from  a                                                                    
        government  job  that  was  not  covered  by  Social                                                                    
        Security.                                                                                                               
                                                                                                                                
     • Unlike the WEP, which can apply to any non-covered                                                                       
        employment,  the   GPO   applies   specifically   to                                                                    
        government workers' retirement benefits.                                                                                
                                                                                                                                
     • Although pensions mitigate the effect of the WEP                                                                         
        adjustment to  Social  Security  benefits,  pensions                                                                    
        from   noncovered   employment   trigger   the   GPO                                                                    
        adjustment, which  reduces the  spouse and  survivor                                                                    
        benefit.                                                                                                                
                                                                                                                                
10:18:53 AM                                                                                                                   
                                                                                                                                
Mr. Farone spoke to slide 6, "Government Pension Offset":                                                                       
                                                                                                                                
     Under  the GPO,  the  reduction may  equal  up to  two-                                                                    
     thirds of the  value of the pension  in noncovered work                                                                    
     and  may  wipe-out  the   spouse  or  survivor  benefit                                                                    
     entirely.                                                                                                                  
                                                                                                                                
Mr. Farone  spoke to the  chart on  slide 6, noting  that it                                                                    
was  a  hypothetical  example  of   the  GPO  reduction.  He                                                                    
explained that if there was  a covered worker with an $1,800                                                                    
benefit, the  spousal benefit before  GPO would be  $900. If                                                                    
the spousal  benefit included  a $1000  non-covered pension,                                                                    
the two-third reduction of the  $900 would leave a remaining                                                                    
benefit of  $233. This was  called a  partial offset.   In a                                                                    
 full  offset   if  the  GPO was  larger  than  the  spousal                                                                    
benefit, no benefit would be paid.                                                                                              
                                                                                                                                
10:20:00 AM                                                                                                                   
                                                                                                                                
Mr. Farone addressed slide 7, "Government Pension Offset":                                                                      
                                                                                                                                
        • In 2020, 3,322 Alaskans were subject to GPO                                                                           
          reductions,  2,419  of  which were  fully  offset,                                                                    
          meaning   those   affected  received   no   Social                                                                    
          Security  spousal  or survivor's  benefit  because                                                                    
          the  reduction   was  greater  than   the  benefit                                                                    
          itself.                                                                                                               
                                                                                                                                
Mr.  Farone added  that 43  percent of  those affected  were                                                                    
widows or widowers.                                                                                                             
                                                                                                                                
10:20:52 AM                                                                                                                   
                                                                                                                                
Mr. Farone referenced slide 8, "Conclusion":                                                                                    
                                                                                                                                
     SJR 12 is designed to protect employees whose work was                                                                     
     contracted under the premise that their dedication to                                                                      
     public service would be rewarded upon their                                                                                
     retirement.                                                                                                                
                                                                                                                                
     Although the WEP and the GPO were enacted to address                                                                       
     one inequality, they inadvertently created                                                                                 
     another. Legislators must right this wrong and                                                                             
     ensure that individuals are not forced to choose                                                                           
     between serving the public good or retiring with                                                                           
     financial stability.                                                                                                       
                                                                                                                                
10:21:14 AM                                                                                                                   
                                                                                                                                
Senator  von  Imhof  wondered   whether  the  United  States                                                                    
Congress would  pay attention to  the resolution  should the                                                                    
legislature pass the bill.                                                                                                      
                                                                                                                                
Senator  Wielechowski thought  many Alaskans  were concerned                                                                    
about  the  issue.  He  relayed  that  President  Biden  had                                                                    
expressed support  for eliminating the  GPO and the  WEP. He                                                                    
believed  that  legislation  had   been  introduced  on  the                                                                    
federal level.                                                                                                                  
                                                                                                                                
Co-Chair  Bishop   commented  that  the   state  legislature                                                                    
advocating a position helped  guide state representatives on                                                                    
the federal level.                                                                                                              
                                                                                                                                
10:23:00 AM                                                                                                                   
                                                                                                                                
Senator von  Imhof thought  it would be  helpful to  see the                                                                    
status of the related federal legislation.                                                                                      
                                                                                                                                
Senator Wielechowski agreed to provide the information.                                                                         
                                                                                                                                
10:23:37 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop OPENED public testimony.                                                                                        
                                                                                                                                
10:24:03 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:24:12 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
DAVID   GUTTENBERG,   FORMER  LEGISLATOR,   FAIRBANKS   (via                                                                    
teleconference),  wanted to  share his  experience with  the                                                                    
WEP.  He had  experienced  a $500  per  month penalty  after                                                                    
retirement, which  was a significant  amount of  his monthly                                                                    
retirement.  He  felt  that  it  was  fair  to  receive  the                                                                    
benefits  one had  already paid  into. He  thought that  the                                                                    
underlying factor was the management  of social security. He                                                                    
reiterated  that the  WEP took  away money  that people  had                                                                    
paid into the system. He urged support for the resolution.                                                                      
                                                                                                                                
10:27:31 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  wanted to clarify  that the  testifier had                                                                    
paid into social security for 25 years.                                                                                         
                                                                                                                                
Mr.  Guttenberg affirmed  he had  paid into  Social Security                                                                    
for 25 years.                                                                                                                   
                                                                                                                                
Co-Chair  Stedman understood  that Mr.  Guttenbergs  penalty                                                                    
had been $500 per month.                                                                                                        
                                                                                                                                
Mr. Guttenberg replied in the affirmative.                                                                                      
                                                                                                                                
10:28:13 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop CLOSED public testimony.                                                                                        
                                                                                                                                
Senator   Hoffman  asked   whether  the   benefits  of   the                                                                    
legislation would  be applied  retroactively. He  thought it                                                                    
was known that the Social  Security fund was underfunded and                                                                    
wondered whether Congress would  address the solvency of the                                                                    
fund.                                                                                                                           
                                                                                                                                
Senator  Wielechowski   responded  that   retroactivity  and                                                                    
enforcement would  be determined by Congress.  He hoped that                                                                    
the benefits  would be  retroactive. He  did not  think back                                                                    
payment.  He agreed  that Social  Security  solvency was  an                                                                    
issue he hoped would be addressed by Congress.                                                                                  
                                                                                                                                
10:30:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  thought it would  be important to  have 30                                                                    
or  more  years  in  Social Security.  He  believed  it  was                                                                    
reasonable for people  to expect to be paid out  by the fund                                                                    
they had paid into during their working lives.                                                                                  
                                                                                                                                
Co-Chair Bishop  set an amendment deadline  for 1pm, Monday,                                                                    
February 28, 2022.                                                                                                              
                                                                                                                                
SJR  12  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Bishop discussed housekeeping.                                                                                         
                                                                                                                                
10:31:18 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:31:30 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SJR 12 Sponsor Statement.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SSTA 5/4/2021 3:30:00 PM
SJR 12
SJR 12 GPO Explainer 2.8.21.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SJR 12
SJR 12 Letter of Support 2.9.22.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SJR 12
SJR 12 Letter of Support 5.5.21.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SJR 12
SJR 12 Presentation.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SJR 12
SJR 12 WEP GPO Key Points 2.9.22.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SJR 12
SJR 12 WEP Explainer 11.16.21.pdf HL&C 3/21/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SJR 12
SB 151 Sponsor Statement.pdf HL&C 4/13/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SL&C 2/9/2022 1:30:00 PM
SB 151
SB 151 Supporting Document - 2021 Audit Summary.pdf HL&C 4/13/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SL&C 2/9/2022 1:30:00 PM
SB 151
SB 151 Supporting Document - 2021 Complete Audit.pdf HL&C 4/13/2022 3:15:00 PM
SFIN 2/24/2022 9:00:00 AM
SL&C 2/9/2022 1:30:00 PM
SB 151
SB 173 Sponsor Statement.pdf SFIN 2/24/2022 9:00:00 AM
SL&C 2/9/2022 1:30:00 PM
SB 173
SB 173 Sectional Analaysis version I.pdf SFIN 2/24/2022 9:00:00 AM
SL&C 2/9/2022 1:30:00 PM
SB 173
SB 173 Written Testimony Received as of 1.31.22.pdf SFIN 2/24/2022 9:00:00 AM
SL&C 2/9/2022 1:30:00 PM
SB 173
SJR 12 Responses to SFIN Committee Questions.pdf SFIN 2/24/2022 9:00:00 AM
SJR 12