Legislature(2007 - 2008)BELTZ 211

03/13/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 153 PEACE OFFICERS/FIRE FIGHTER RETIREMENT TELECONFERENCED
Heard & Held
+ HB 296 EXTENDING BOARD OF PAROLE TELECONFERENCED
Moved HB 296 Out of Committee
+ HB 286 IMPERSONATING A PUBLIC SERVANT TELECONFERENCED
Moved HB 286 Out of Committee
+ HB 88 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 284 PFD ALLOWABLE ABSENCE: FELLOWSHIPS
Moved CSHB 284(FIN) Out of Committee
         SB 153-PEACE OFFICERS/FIRE FIGHTER RETIREMENT                                                                      
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 153.                                                                            
                                                                                                                                
9:40:18 AM                                                                                                                    
SENATOR FRENCH said SB 153  gives peace officers and firefighters                                                               
the opportunity  - not  the obligation  -- to  buy five  years of                                                               
medical  benefits   when  they  buy  five   years  of  retirement                                                               
benefits. Former  members of the  armed forces who work  as peace                                                               
officers  or   firefighters  in  Alaska  and   are  eligible  for                                                               
retirement can buy five more  years of retirement. The problem is                                                               
that  the people  buying that  retirement believe  that they  are                                                               
buying  medical benefits  as  well. Current  law  allows them  to                                                               
count  five  years  of  military   service  toward  their  public                                                               
employee retirement system (PERS)  if the employee isn't eligible                                                               
for a  federal retirement benefit. The  legislation corrects what                                                               
many  with   former  military  service  assume   when  purchasing                                                               
military  time, and  that  is  that the  time  purchased will  be                                                               
credited  to  their   medical  benefits  as  well   as  to  their                                                               
retirement.  The bill  simply  allows for  the  same purchase  of                                                               
years  to  count  toward  retirement  and  medical  benefits.  It                                                               
doesn't allow double-dipping because  the potential state retiree                                                               
must  not  be eligible  for  federal  military benefits.  SB  153                                                               
recognizes the military and civilian service of these employees.                                                                
                                                                                                                                
SENATOR STEVENS asked about the qualifying issue.                                                                               
                                                                                                                                
SENATOR FRENCH said  for Tier I it  is one set of  rules. For the                                                               
next two tiers,  a person has to  be 60 years old or  work for 25                                                               
years. He supplied a chart to clear any confusion.                                                                              
                                                                                                                                
9:43:50 AM                                                                                                                    
SENATOR GREEN said  she has just been through  the most difficult                                                               
bill to  try and  restore the PERS  and TRS system  to make  it a                                                               
funded program.  Does the buy-in  fully pay for "what  would have                                                               
been in and  any interest that [it] would have  created for those                                                               
five past years?"                                                                                                               
                                                                                                                                
PAT  SHIER,  Director,  Division   of  Retirement  and  Benefits,                                                               
Department of  Administration, said  there has been  a discussion                                                               
about a  mechanism to have  individuals pay for the  health care,                                                               
but  the current  bill adds  about $5.3  million to  the unfunded                                                               
liability. That  is why the  administration is not  excited about                                                               
it.  There are  issues that  may deserve  consideration, but  the                                                               
administration won't support a measure that adds that liability.                                                                
                                                                                                                                
9:45:38 AM                                                                                                                    
SENATOR  GREEN said  she cannot  possibly  support creating  more                                                               
debt for those programs.                                                                                                        
                                                                                                                                
SENATOR BUNDE asked about the fiscal note of $350,000.                                                                          
                                                                                                                                
MR. SHIER said it represents the  first five years. There are 203                                                               
individuals who have  already elected to use  their military time                                                               
in order to  qualify for increased retirement  benefits, and they                                                               
are either  paying for those or  they are saving money  right now                                                               
in other places like SBS in order  to pay for that when they step                                                               
out the door. He assumes that  those 203 people would also go for                                                               
this  additional  enhancement. The  fiscal  note  is the  current                                                               
year's  cost  of the  $5.3  million.  The unfunded  liability  is                                                               
amortized  over 25  years.  The fiscal  note  represents a  small                                                               
portion of the service costs, and  most of it is in the beginning                                                               
to  amortize  the  significant  addition  to  the  liability.  It                                                               
flattens out  at 2013,  "we're assuming  that that  percentage of                                                               
individuals, which is around 8 percent,  would grow to as much as                                                               
15  percent of  the  police/fire population.  We  don't know  who                                                               
those people  are. They're not required  to tell us who  they are                                                               
when  they walk  in the  door and  take a  job." There  are other                                                               
things associated with declaring  military time under the current                                                               
law, but  some do it  right away and  others wait until  they are                                                               
walking out the door.                                                                                                           
                                                                                                                                
9:48:13 AM                                                                                                                    
SENATOR BUNDE assumed that new hires would not be affected.                                                                     
                                                                                                                                
MR. SHIER said yes, except for rehires who are in the system.                                                                   
                                                                                                                                
SENATOR FRENCH asked the cost for buying that retirement.                                                                       
                                                                                                                                
KATHLEEN  LEA, Retirement  Manager,  Division  of Retirement  and                                                               
Benefits, said the calculation for  military service is about 8.5                                                               
percent  of  the  vesting-year  salary  for  each  year  that  is                                                               
claimed.  A military  claim right  at five  years would  be about                                                               
$25,000. It will gain interest as  long as it is unpaid. Interest                                                               
begins the  year after they vest.  The amount would grow  even if                                                               
they  claimed it  later. At  retirement they  have the  choice of                                                               
making the payment  in full or taking it as  a lifetime reduction                                                               
to their retirement benefit.                                                                                                    
                                                                                                                                
9:50:32 AM                                                                                                                    
MS. LEA said when people  retire and claim military service, they                                                               
can still  see an  increase to  their retirement  benefit without                                                               
making a payment at all. They can take a lifetime reduction.                                                                    
                                                                                                                                
SENATOR FRENCH said the payment is mortgaged.                                                                                   
                                                                                                                                
MS. LEA said yes.                                                                                                               
                                                                                                                                
SENATOR FRENCH asked about the medical costs.                                                                                   
                                                                                                                                
MS. LEA said the way SB  153 is structured there is no additional                                                               
cost to the members.                                                                                                            
                                                                                                                                
SENATOR  BUNDE said  there would  be  an additional  cost to  the                                                               
state, and that is the fiscal note.                                                                                             
                                                                                                                                
MR.  SHIER  said this  fiscal  note  is  for adding  the  medical                                                               
benefit  that doesn't  exist in  statute. "We  have the  old law,                                                               
which still  allows an individual  with military time  to present                                                               
that retirement  and without writing  a check at all,  simple say                                                               
'oh I would get  $400 if I wrote the check, but  I can get [$200]                                                               
if  I do  nothing.  Pay me  the  [$200] -  I'm  happy'." That  is                                                               
stacked on top of their  underlying pension benefit. Whatever the                                                               
medical benefit they have remains  constant. There is a subtlety.                                                               
There are two  things the state calculates at  retirement. One is                                                               
the years of service for eligibility  to vest. The other is years                                                               
of service in dollars for the pension amount.                                                                                   
                                                                                                                                
9:53:13 AM                                                                                                                    
MR. SHIER  said, "So  in this  case what  we're talking  about is                                                               
years  of service  for eligibility  to  even have  access to  the                                                               
medical, not what amount it might be."                                                                                          
                                                                                                                                
SENATOR GREEN  asked if they  automatically receive  this benefit                                                               
at age 65.                                                                                                                      
                                                                                                                                
MS. LEA said  they would receive system-paid  medical premiums at                                                               
age 60  unless there was  25 years  of membership service  in the                                                               
police or fire work.                                                                                                            
                                                                                                                                
9:53:55 AM                                                                                                                    
SENATOR  GREEN said,  so, the  bar is  very much  lower than  the                                                               
average person  in the world.  "You could essentially do  this at                                                               
age  50" with  five  years  of military  and  20  years of  state                                                               
service, and  then pay these  fees and qualify for  full benefits                                                               
for the rest  of your life. "It's  not quite like you  get to the                                                               
qualifying year and don't get health insurance ever."                                                                           
                                                                                                                                
SENATOR FRENCH said  at age 65 they go on  Medicare. Nobody stays                                                               
on state insurance past that age.                                                                                               
                                                                                                                                
MR. SHIER  said Medicare becomes  primary [at that age],  but the                                                               
state  still has  significant obligations  to  pay what  Medicare                                                               
doesn't  pay. The  state  pays  $384 million  a  year in  retiree                                                               
medical benefits.                                                                                                               
                                                                                                                                
SENATOR FRENCH asked if that was for people over 65.                                                                            
                                                                                                                                
MR. SHIER said it was for all retirees.                                                                                         
                                                                                                                                
9:55:22 AM                                                                                                                    
SENATOR FRENCH asked about the retirees on Medicare.                                                                            
                                                                                                                                
MR. SHIER  said "We are always  aware of how many  people are out                                                               
there right  now or who  could present themselves  for retirement                                                               
prior to  age 65 or Medicare  age." There is a  benefit to retire                                                               
before age 65.                                                                                                                  
                                                                                                                                
SENATOR  FRENCH noted  that the  $384 million  figure is  not for                                                               
people over 65.                                                                                                                 
                                                                                                                                
MR. SHIER said the figure is for all retirees.                                                                                  
                                                                                                                                
SENATOR FRENCH asked if it becomes  more or less expensive when a                                                               
person goes on Medicare.                                                                                                        
                                                                                                                                
MR. SHIER said it becomes less expensive. He will find out.                                                                     
                                                                                                                                
CHAIR  MCGUIRE  said  the  bill  will be  held  over  until  this                                                               
information is provided.                                                                                                        
                                                                                                                                
SENATOR GREEN said  the calculation for the person  that will buy                                                               
in  should go  back to  their date  of coming  into the  program.                                                               
Normally  anyone who  is going  to qualify  for a  future program                                                               
would be  paying their share and  watching it grow over  those 20                                                               
years. What  would be the difference  for the person who  buys in                                                               
on their way  out and the one  who is in from  the beginning? She                                                               
is concerned about the cost to the state.                                                                                       
                                                                                                                                
9:58:05 AM                                                                                                                    
MR. SHIER  said actuaries  have estimated  that the  average cost                                                               
per  member per  year of  claimed  military service  to add  this                                                               
additional year  of medical  coverage, for  which they  would not                                                               
otherwise be  eligible, is $6,292  per year. That will  be looked                                                               
at every  year as medical costs  change. If someone wants  to buy                                                               
several years  of military service,  this is the amount  that the                                                               
state would  attempt to collect.  The language in SB  153 doesn't                                                               
provide  a   mechanism  for  collecting   that  money   from  the                                                               
individual for medical care. It does for retirement service.                                                                    
                                                                                                                                
9:58:57 AM                                                                                                                    
SENATOR GREEN  asked what  the calculation would  be if  they had                                                               
bought in early, "and you had  the expectation for their 20 years                                                               
of  service  what  they  were   accruing,  just  like  any  other                                                               
employee."  It  is   hard  to  say  a  person   doesn't  have  to                                                               
participate fully  for 20  years of service,  only for  the five.                                                               
"But if  you had  to calculate  what the value  of that  would be                                                               
early on -- that's all I want."                                                                                                 
                                                                                                                                
MR. SHIER said he needs clarification and can get those numbers.                                                                
                                                                                                                                
MAURICE HUGHES, Law Enforcement Officer,  Kodiak, said he is also                                                               
a  veteran  and a  Tier  II  employee. SB  153  is  good for  law                                                               
enforcement and  firefighters who  have served their  country. It                                                               
allows them to  have medical benefits when  buying their military                                                               
service. Public safety  workers are under tremendous  stress on a                                                               
daily  basis, and  the medical  component is  very important  for                                                               
retirement. It is an appropriate  thing for our veterans. He said                                                               
to look at  the on-going problem of retention  and recruitment in                                                               
these  jobs. SB  153 could  keep past  military employees  in the                                                               
job. It  can be used  for recruiting previously  hired personnel,                                                               
and it shows support for Alaska's veterans.                                                                                     
                                                                                                                                
10:02:31 AM                                                                                                                   
PAUL FUSSEY, Alaska State Trooper, Kodiak,  said he is a Tier III                                                               
employee, and SB  153 will benefit him. He has  had nine years in                                                               
the air  national guard.  He has purchased  five years  under the                                                               
assumption that it  would count for his medical  too. The average                                                               
lifespan of  police officers is 66,  based on a 40-year  study by                                                               
John Volanti. This bill will help the police and fire personnel.                                                                
                                                                                                                                
10:03:55 AM                                                                                                                   
CHAIR MCGUIRE set SB 153 aside.                                                                                                 
                                                                                                                                

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