Legislature(2011 - 2012)BUTROVICH 205

01/26/2012 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 121 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS TELECONFERENCED
Heard & Held
+= SB 136 INCOME TAX CREDIT FOR EMPLOYING A VETERAN TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 150 MILITARY TRAINING CREDIT
Moved CSSB 150(STA) Out of Committee
        SB 121-TEACHERS & PUB EMPLOYEE RETIREMENT PLANS                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI announced  that  the next  bill before  the                                                               
committee was SB 121, a bill  that would give public employees in                                                               
Alaska a choice  between participating in a  defined benefit (DB)                                                               
or defined contribution  (DC) retirement system. He  noted it was                                                               
the third hearing on the  bill. The bill has evolved considerably                                                               
since the sponsor  sought to design a system that  would cost the                                                               
State of  Alaska, municipalities, and school  districts less than                                                               
the current Tier III Defined Benefit (DB) system costs.                                                                         
                                                                                                                                
SENATOR PASKVAN moved to adopt  CSSB 121, labeled 27-LS0281\R, as                                                               
the working document before the committee.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI objected in order  to hear comments from the                                                               
sponsor.                                                                                                                        
                                                                                                                                
9:14:30 AM                                                                                                                    
SENATOR DENNIS EGAN,  sponsor of SB 121,  voiced appreciation for                                                               
the work  the committee and  his staff did  on the bill.  He read                                                               
from the sponsor statement:                                                                                                     
                                                                                                                                
     SB 121 lets teachers,  troopers, firefighters and other                                                                    
     public  employees choose  one of  two state  retirement                                                                    
     systems: an individual  defined contribution retirement                                                                    
     account, or earning a defined benefit pension.                                                                             
                                                                                                                                
     A  defined  benefit pension  takes  time  to earn,  but                                                                    
     rewards  a  record  of  public   service  by  paying  a                                                                    
     guaranteed   monthly   benefit   and,   for   long-term                                                                    
     employees,  health  insurance.  An  individual  defined                                                                    
     contribution account  is portable from one  employer to                                                                    
     another and flexible  in how it can be  used, but makes                                                                    
     no  guarantees.  SB 121  will  let  newly hired  public                                                                    
     servants in Alaska choose the one that fits best.                                                                          
                                                                                                                                
9:16:21 AM                                                                                                                    
JESSE KIEHL, staff to Senator  Egan, explained the changes in the                                                               
new CS for SB 121, version  R. The substantive changes in version                                                               
R  were  made in  order  to  address  the  fiscal note  from  the                                                               
Department  of  Administration.  The  biggest change  is  in  the                                                               
provisions that  cover those employees  currently in the  DC plan                                                               
who choose  to convert  into the  new tiers of  DB that  the bill                                                               
creates. As  shown in  the previous  fiscal note,  the individual                                                               
accounts  do  not  have  enough  money in  them  to  prefund  the                                                               
benefits for the  actual time the employees have  worked to date.                                                               
The amount in  the previous fiscal note was  around $120 million.                                                               
The new CS  should erase that number. Those  employees who choose                                                               
to convert to the new DB  plan will have their accounts deposited                                                               
into one  of the  DB pension trusts.  The actuary  will calculate                                                               
the time value of that money.  When that amount is less than that                                                               
employees actual time worked, the  employee will have a choice to                                                               
create  an indebtedness  and  "buy the  difference"  up to  their                                                               
actual service  time, or  they may choose  to start  with however                                                               
much time the DC account buys and earn going forward.                                                                           
                                                                                                                                
MR.  KIEHL  explained  that  the  second  substantive  change  in                                                               
version  R addresses  the difficulty  of  prefunding the  retiree                                                               
health care  benefit. It mirrors,  in part, the structure  in the                                                               
DC plan for retirees who do  qualify for the retirement system to                                                               
pay a portion of their  retiree medical benefit. An employee must                                                               
work ten  years before  the system  will pay  any of  the retiree                                                               
medical premium.  If an employee  works 10 years they  would have                                                               
to be  Medicare eligible before  the system will pay,  except for                                                               
teachers,  police  officers, and  firefighters  who  must work  a                                                               
total of 25 years to  qualify for retiree medical payments. Other                                                               
employees must work 30 years.                                                                                                   
                                                                                                                                
9:20:04 AM                                                                                                                    
MR. KIEHL pointed  out that the new schedule matches  what is set                                                               
up  in current  DC  statutes.  He gave  several  examples of  how                                                               
premiums are paid.                                                                                                              
                                                                                                                                
MR. KIEHL  said that version  R also makes several  technical and                                                               
mechanical changes,  which are described  in a handout.  He spoke                                                               
of one  additional change that  was omitted. The  earlier version                                                               
of the bill was not clear  in how it treated public organizations                                                               
that  participate  in  PERS,  such  as  housing  authorities  and                                                               
development  organizations. Version  R  clarifies  that they  are                                                               
also subject to all sections of the bill.                                                                                       
                                                                                                                                
MR. KIEHL noted that the effective date  had been changed to July                                                               
1, 2013.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI recalled work done  in a previous meeting in                                                               
Fairbanks  by  the  administration's  actuary  services  to  help                                                               
assess the fiscal  implications of proposed changes  to the bill.                                                               
He said the committee and  sponsor greatly appreciate that offer.                                                               
He added  that he was  expecting new fiscal projections  now that                                                               
version R was adopted.                                                                                                          
                                                                                                                                
9:22:28 AM                                                                                                                    
MIKE    BARNHILL,    Deputy     Commissioner,    Department    of                                                               
Administration,  explained  that   the  department  has  received                                                               
version R and it has been  transmitted to the actuary. He said he                                                               
believed the  department was  very close to  having a  new fiscal                                                               
note,  particularly  with  respect  to  the  elimination  of  the                                                               
"general  fund subsidy  of the  one-for-one service  credit", and                                                               
creating indebtedness on the employee  as opposed to being on the                                                               
general  fund.  That part  of  the  fiscal  note will  be  easily                                                               
eliminated;  however,  there  are more  complicated  issues  that                                                               
still  need to  be  reviewed.  In particular,  in  PERS the  bill                                                               
increases  the  assumed  employee contribution  rate.  Currently,                                                               
employees  pay 6.75  percent  in  the DB  plan;  7.5 percent  for                                                               
police and firefighters.  In version R, that  amount is increased                                                               
to 8 percent, which is a  positive fiscal impact and reduces cost                                                               
to  employers.  Currently,  in  the TRS  DB  plan,  the  employee                                                               
contribution rate is 8.65 percent and  it is reduced in version R                                                               
to 8 percent,  a negative impact which will  cost employers more.                                                               
He said  he understood that the  sponsor's intent is to  create a                                                               
neutral fiscal impact.  He said he thought the  actuaries were on                                                               
the  right  track. He  pointed  out  that  there are  still  some                                                               
technical problems with the bill.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI inquired  when the new fiscal  note would be                                                               
ready.                                                                                                                          
                                                                                                                                
MR. BARNHILL thought it would be soon.                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  the technical  issues  will  be                                                               
addressed with the bill sponsor.                                                                                                
                                                                                                                                
MR. BARNHILL replied that they would.                                                                                           
                                                                                                                                
9:25:47 AM                                                                                                                    
ALICIA  EGAN, Legislative  Liaison, Department  of Revenue,  said                                                               
she was available to answer questions about SB 150.                                                                             
                                                                                                                                
Chair  Wielechowski requested  an explanation  of the  new fiscal                                                               
note.                                                                                                                           
                                                                                                                                
MS. EGAN deferred to Ms. Rodell to answer.                                                                                      
                                                                                                                                
ANGELA  RODELL,  Deputy   Commissioner,  Department  of  Revenue,                                                               
explained that the fiscal note  reflects management fees required                                                               
to be  paid in the  Defined Benefit  (DB) program. The  source of                                                               
those fees is different than  under the Defined Contribution (DC)                                                               
program. If there  is significant movement of members  from DC to                                                               
DB, there would be higher management fees.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  summarized that if  more people move  to DC                                                               
from DB, there would be a need for more management fees.                                                                        
                                                                                                                                
MS. RODELL  said that was  correct. She added that  DB management                                                               
fees are incorporated  into the amounts on  deposit, whereas, the                                                               
DC fees come out of the employee.                                                                                               
                                                                                                                                
SENATOR  PASKVAN asked  what calculation  was used  to arrive  at                                                               
that amount.                                                                                                                    
                                                                                                                                
MS.  RODELL referred  Senator Paskvan  to  page 2  of the  fiscal                                                               
note. The  Department of Revenue  is assuming that, based  on the                                                               
Department  of Administration's  fiscal note,  60 percent  of the                                                               
current  DC plan  will  convert to  the DB  plan,  80 percent  of                                                               
future members will elect to be  in the DB plan, and a management                                                               
load of 35 basis points will transfer to the state.                                                                             
                                                                                                                                
SENATOR PASKVAN asked for the current load of the DC plan.                                                                      
                                                                                                                                
MS. RODELL offered to supply that information.                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI agreed  that  it was  a  good question  and                                                               
requested further information.                                                                                                  
                                                                                                                                
9:30:07 AM                                                                                                                    
SENATOR  PASKVAN shared  his understanding  that the  greater the                                                               
sum of  money, the lower  load on the  fund itself. He  wanted to                                                               
understand the department's parameters.                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI asked  for  the timeline  on obtaining  the                                                               
information.                                                                                                                    
                                                                                                                                
MS. RODELL said she could provide that information later today.                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI opened public testimony.                                                                                   
                                                                                                                                
WILLIAM  (FLICK)   FORNIA,  Consulting  Actuary,   Alaska  Public                                                               
Pension Coalition,  Centennial, Colorado, discussed the  costs of                                                               
SB 121. He said he has  been working together with the sponsor to                                                               
arrive at a close to cost  neutral amount. He was optimistic that                                                               
it would result in savings to the state.                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  described the  new  fiscal  note from  the                                                               
Department of  Revenue: it is  $593,000 the first  year, $690,000                                                               
the second  year, and over $1  million by 2017. He  requested Mr.                                                               
Fornia's opinion of the fiscal note.                                                                                            
                                                                                                                                
MR.  FORNIA said  he now  understands the  management fee  impact                                                               
better. He said he would review all numbers in more detail.                                                                     
                                                                                                                                
9:34:14 AM                                                                                                                    
VINCE WELTRAMI,  President, Alaska AFL-CIO, testified  in support                                                               
of SB 121.  He related that half of the  60,000 members in Alaska                                                               
AFL-CIO  are public  employees in  PERS. He  maintained that  the                                                               
bill makes  Alaska competitive when  it comes to  recruitment and                                                               
retention.  It also  is about  restoring  dignity and  expressing                                                               
appreciation of  the value of  Alaska's employees and  doing that                                                               
in a fiscally  responsible way. Many of the  current employees do                                                               
not have  the option  of a  defined benefit, nor  the right  to a                                                               
pension from Social Security. The  bill provides employees with a                                                               
dignified retirement.  He recognized that  having an option  of a                                                               
DB plan  or a DC plan  has benefits. The bill  strikes a balance.                                                               
He encouraged passage of SB 121.                                                                                                
                                                                                                                                
9:37:16 AM                                                                                                                    
JOHN ALCANTRA, NEA Alaska, spoke in  favor of SB 121 on behalf of                                                               
the  13,000  members he  represents.  This  legislation has  been                                                               
NEA's number  one priority  for the last  five years.  He thanked                                                               
the sponsors  and co-signers for  working on the  legislation. He                                                               
gave an example of a math  teacher who left Alaska because of the                                                               
current  DC   retirement  plan.  He  shared   statistics  of  NEA                                                               
employees  and said  returning to  retirement  security is  their                                                               
priority  issue. He  spoke  highly of  the DB  plan  or a  choice                                                               
between the two plans.                                                                                                          
                                                                                                                                
9:39:37 AM                                                                                                                    
TED MONINSKI,  Retired Public Employees  of Alaska,  testified in                                                               
support of SB  121 on behalf of the 2,000  members he represents.                                                               
He agreed with the previous testifiers.  He spoke of the value of                                                               
SB 121  to Alaska. Having a  monthly pension enhanced by  a cost-                                                               
of-living allowance  helps prevent  retired teachers  from moving                                                               
out of state and provides a  direct economic impact to the state.                                                               
Two-thirds  of  retired  employees  now remain  in  Alaska  after                                                               
retirement  which provides  a direct  economic  impact and  helps                                                               
stabilize the economy.                                                                                                          
                                                                                                                                
MR. MONINSKI described how social  security benefits do not apply                                                               
to Alaskan employees. In the  absence of both social security and                                                               
a reliable state  pension, public employees who  were hired after                                                               
2006  must rely  on savings,  including their  DC plan.  National                                                               
studies show  that more than  two-thirds of DC  plan participants                                                               
cash  out their  assets when  terminating employment  rather than                                                               
rolling them  over into another  retirement plan. There  are many                                                               
negative  consequences  from  this.  He  spoke  of  the  indirect                                                               
benefits  retirees  provide for  the  state.  He urged  favorable                                                               
consideration of SB 121.                                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI  announced that  Senator Meyer had  joined the                                                               
meeting.                                                                                                                        
                                                                                                                                
9:43:37 AM                                                                                                                    
VALERIE  KENNY,  President,  Alaska State  Employees  Association                                                               
(ASEA), Local 52, testified in favor  of SB 121 on behalf of over                                                               
8,000  public employees.  She noted  that passage  of SB  121 was                                                               
ASEA's primary goal. She described  the benefits of Tier V, which                                                               
are less  than in Tier  III. In  Tier V, employers  and employees                                                               
will share  risks and  benefits. It is  ASEA's goal  to reinstate                                                               
the DB option without additional  cost to employers and provide a                                                               
choice to members. She maintained that  SB 121 is not a repeal of                                                               
SB 141, which  will continue as an option for  employees who wish                                                               
to remain on a DC plan.                                                                                                         
                                                                                                                                
LADAWN  DRUCE, President  Kenai Peninsula  Education Association,                                                               
testified  in favor  of  SB 121  on behalf  of  650 teachers  and                                                               
staff.  She  pointed out  that  the  Kenai  area has  no  problem                                                               
recruiting  teachers, but  does have  difficulty retaining  them.                                                               
She shared that  about a third of the teachers  in the Kenai area                                                               
are in  the Tier III DC  plan. The DC system,  when combined with                                                               
no Social Security,  puts Alaska teachers last of  all states for                                                               
retirement benefits. She urged passage of the bill.                                                                             
                                                                                                                                
9:49:44 AM                                                                                                                    
GARY  MILLER,  Southeast  Chair,  Retired  Employees  of  Alaska,                                                               
testified in  support of SB  121. He shared his  personal working                                                               
history in  Alaska and  emphasized that neither  he nor  his wife                                                               
would work today in Alaska under  the DC plan because it does not                                                               
offer the  security of  retirement. He  requested passage  of the                                                               
bill so that his grandchildren would  have an option for a secure                                                               
retirement.                                                                                                                     
                                                                                                                                
9:51:35 AM                                                                                                                    
JAKE  METCALF,   Executive  Director,  Alaska   Public  Employees                                                               
Association (APEA) 103, testified in  support of SB 121 on behalf                                                               
of the law enforcement officers,  court service officers, airport                                                               
police, firefighters, and city  police departments throughout the                                                               
state.  He pointed  out that  retention of  employees is  a major                                                               
issue in APEA.  His said APEA members make a  career out of their                                                               
jobs and  would like to  remain in  Alaska. They receive  a large                                                               
amount  of  training at  a  cost  to  Alaska  and many  of  those                                                               
employees are  taking their training  to another state.  He urged                                                               
passage of the bill.                                                                                                            
                                                                                                                                
9:54:27 AM                                                                                                                    
BARBARA HUFF-TUCKNESS,  Director of Legislative  and Governmental                                                               
Affairs, Teamsters Local  109, urged support of SB  121 on behalf                                                               
of 800  public employee union  members. She said changes  made to                                                               
SB 121 are  pro-active and will encourage employees  to remain in                                                               
the state.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI closed public testimony.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  stated that SB  121 would be set  aside. He                                                               
stressed the goal  of getting the fiscal  note as revenue-neutral                                                               
as possible.                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects
SB150-UA-Sysbra-01-24-12.pdf SSTA 1/26/2012 9:00:00 AM
SB 150
SB150-DCCED-CBPL-01-20-12.pdf SSTA 1/26/2012 9:00:00 AM
SB 150
SB150-UA-Fiscal Note.pdf SSTA 1/26/2012 9:00:00 AM
SB 150
SB150.Vietnam Veterans of America Support Letter.pdf SSTA 1/24/2012 9:00:00 AM
SSTA 1/26/2012 9:00:00 AM
SB 150
SB 150 Letter of Support.UAF Veteran Advocate.pdf SSTA 1/26/2012 9:00:00 AM
SB 150
CS SB150 (STA).pdf SSTA 1/26/2012 9:00:00 AM
SB 150