Legislature(2005 - 2006)CAPITOL 106

02/01/2005 08:00 AM House STATE AFFAIRS


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08:02:08 AM Start
08:02:45 AM Department of Administration: Division of Retirement and Benefits Tier Iv Pers/tier Iii Trs
10:04:38 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
+ Overview: Dept. of Administration: TELECONFERENCED
Division of Retirement and Benefits
Tier IV PERS/Tier III TRS
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                        February 1, 2005                                                                                        
                           8:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Jim Elkins                                                                                                       
Representative Carl Gatto                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Jay Ramras                                                                                                       
Representative Berta Gardner                                                                                                    
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
OVERVIEW(S):   DEPARTMENT   OF    ADMINISTRATION:   DIVISION   OF                                                               
RETIREMENT AND BENEFITS TIER IV PERS/TIER III TRS                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
MELANIE MILLHORN, Director                                                                                                      
Division of Retirement & Benefits                                                                                               
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Co-presented an overview of the division's                                                                 
proposed Tier IV PERS/Tier III TRS, on behalf of the Department                                                                 
of Administration.                                                                                                              
                                                                                                                                
BOB REYNOLDS                                                                                                                    
Mercer Human Resource Consulting                                                                                                
No address provided                                                                                                             
POSITION STATEMENT:  Co-presented an overview of the division's                                                                 
proposed Tier IV PERS/Tier III TRS, on behalf of the Department                                                                 
of Administration.                                                                                                              
                                                                                                                                
KATHY LEA, Retirement Manager                                                                                                   
Health Benefits Section                                                                                                         
Division of Retirement & Benefits                                                                                               
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Responded to questions  during the overview                                                               
of the proposed Tier IV PERS/Tier III TRS.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL  SEATON  called  the  House  State  Affairs  Standing                                                             
Committee meeting  to order at 8:02:08  AM.  Present at  the call                                                             
to order were Representatives  Gatto, Elkins, Gardner, Gruenberg,                                                               
and  Seaton.   Representatives  Lynn and  Ramras  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^OVERVIEW(S)                                                                                                                  
                                                                                                                                
^DEPARTMENT  OF   ADMINISTRATION:  DIVISION  OF   RETIREMENT  AND                                                             
BENEFITS TIER IV PERS/TIER III TRS                                                                                            
                                                                                                                                
8:02:45 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  announced that the  only order of business  was the                                                               
overview regarding  Tier IV in  the Public  Employees' Retirement                                                               
System (PERS)  and Tier  III in  the Teachers'  Retirement System                                                               
(TRS).                                                                                                                          
                                                                                                                                
8:03:29 AM                                                                                                                    
                                                                                                                                
MELANIE MILLHORN,  Director, Division  of Retirement  & Benefits,                                                               
Department of  Administration, noted that Bob  Reynolds of Mercer                                                               
Human Resource  Consulting, an actuarial for  the division, would                                                               
be assisting her in offering the presentation of the overview.                                                                  
                                                                                                                                
8:04:49 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN  said that in  January 2004,  at the request  of the                                                               
commissioner  of the  Department  of Administration,  a new  tier                                                               
system was  created for consideration.   Involved in  the process                                                               
were  two   board  members  and  two   representatives  from  the                                                               
Teachers'  Retirement   board,  in  concert  with   Mercer  Human                                                               
Resource Consulting.  There were  multiple meetings, all of which                                                               
were noticed to the employers.                                                                                                  
                                                                                                                                
8:06:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if the unions were notified also.                                                                
                                                                                                                                
8:06:43 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN answered yes.  She  said the survey was designed and                                                               
sent to all employers.                                                                                                          
                                                                                                                                
8:07:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked how members were selected.                                                                       
                                                                                                                                
8:07:18 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN  said  subcommittees of  the  Teachers'  Retirement                                                               
board  and  the  Public  Employees'  Retirement  board  made  the                                                               
selection.                                                                                                                      
                                                                                                                                
8:07:28 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN  said all  the information  that was  collected from                                                               
studies and  surveys was presented  in Anchorage on  November 19.                                                               
All board members  not involved with the  subcommittee were asked                                                               
to   approve   of  the   subcommittee's   work   and  forward   a                                                               
recommendation to  the commissioner of administration.   Although                                                               
the  tier committee  work was  done, the  board members  were not                                                               
able to  muster the requisite  votes, because some  board members                                                               
were not  present and  some did  not support the  new tiers.   In                                                               
response  to   a  question   from  Representative   Gardner,  she                                                               
clarified  that the  chair of  the  Public Employees'  Retirement                                                               
board was  not present, and two  out of the four  members of that                                                               
board who were present  did not support a new tier  in PERS.  All                                                               
five  board  members  of  the  Teachers'  Retirement  board  were                                                               
present, but only 2 out of the 5 members supported the new tier.                                                                
                                                                                                                                
8:10:53 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN,  in response  to  a  question from  Representative                                                               
Gatto, reported  that on the Public  Employees' Retirement board,                                                               
three out  of four members  are PERS beneficiaries, while  on the                                                               
Teachers' Retirement board,  all five are TRS  beneficiaries.  In                                                               
response to  a follow-up question from  Representative Gatto, she                                                               
said  it is  mandated in  statute that  the Teachers'  Retirement                                                               
board must have one member retired from the system.                                                                             
                                                                                                                                
8:12:06 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN,  in response  to  a  question from  Representative                                                               
Gruenberg, reiterated  the process by which  a recommendation for                                                               
a  new tier  must  be approved  by  the boards  and  sent to  the                                                               
commissioner of administration for recommendation.                                                                              
                                                                                                                                
8:13:07 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON,   in  response  to   a  follow-up   question  from                                                               
Representative Gruenberg, explained that  the legislature has not                                                               
been asked by the administration  to forward the tier initiative,                                                               
but has simply asked for a review  of the work that has been done                                                               
by the tier committee, with a  view to solving a long-term fiscal                                                               
problem.                                                                                                                        
                                                                                                                                
8:14:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked, "Does  the administration plan to                                                               
do so?"                                                                                                                         
                                                                                                                                
8:14:37 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN said  she thinks  that "this  is on  the table  for                                                               
discussion and consideration."                                                                                                  
                                                                                                                                
8:14:44 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN turned  to presentation  material [included  in the                                                               
committee packet].   She explained  that she would refer  to both                                                               
the  page number  and the  slide number  on the  page during  her                                                               
presentation.  Ms.  Millhorn directed attention to  page 1, slide                                                               
1,  which shows  three policy  areas  that govern  PERS and  TRS.                                                               
Those  areas  are:    investment  policy,  benefits  policy,  and                                                               
funding  policies.   The  investment policy  is  governed by  the                                                               
Alaska Pension  Investment board, which  was created in  1992 and                                                               
resides within  the Department of  Revenue.  The  benefits policy                                                               
is   the   exclusive  purview   of   the   legislature  to   make                                                               
determinations  about retirement  benefits.   Both  PERS and  TRS                                                               
play a role  in looking at the funding policies  for the systems.                                                               
PERS does  so by  setting the  employer contribution  rate, while                                                               
TRS  has the  authority to  make  a recommendation  once a  year,                                                               
regarding the employer contribution  rate, to the commissioner of                                                               
administration.  Ms. Millhorn noted  that there are also thorough                                                               
actuarial  experience  studies   conducted  periodically  on  the                                                               
system, which  look at the  twenty underlying assumptions  of the                                                               
system.    Those  assumptions  are   divided  into  economic  and                                                               
demographic  assumptions.   She  offered  further  details.   The                                                               
other  periodic review  is actuarial  audits  that are  conducted                                                               
every 4 to 5 years.  The last  audit was conducted in 2002.  Both                                                               
PERS  and  TRS  adopt  recommendations  that  arise  out  of  the                                                               
actuarial audits.                                                                                                               
                                                                                                                                
8:19:25 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN,  in response  to  a  question from  Representative                                                               
Gatto  regarding  the  timing of  assumptions  and  audits,  said                                                               
[auditors] look  at the actuarial  assumptions that are  in place                                                               
at  that  time  and  make recommendations  for  revisions.    She                                                               
deferred to Mr. Reynolds for further explanation.                                                                               
                                                                                                                                
8:19:46 AM                                                                                                                    
                                                                                                                                
BOB REYNOLDS,  Mercer Human  Resource Consulting,  clarified that                                                               
the  actuarial audit  is conducted  by an  independent firm,  and                                                               
that  firm  either  renders  an opinion  that  an  assumption  is                                                               
reasonable or offers  an opinion that a change is  warranted.  He                                                               
said  the  2002 audit  opinions  were,  by  and large,  that  the                                                               
results  were  appropriate  and  reasonable.    There  were  some                                                               
recommendations  for  changes,  all  of  which  were  implemented                                                               
following the audit.                                                                                                            
                                                                                                                                
8:21:19 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN directed  attention to  slide 2,  on page  1, which                                                               
shows employer contribution  rates for PERS for  fiscal year (FY)                                                               
05 and FY 06.   She said, "The normal cost  rate ... provides for                                                               
the benefits expected to be  earned by active members during that                                                               
fiscal year."   She explained  that that's important,  because if                                                               
the system  was fully funded, the  rate that would be  paid would                                                               
be the 13.31 [percent] normal  cost rate.  That would contemplate                                                               
that each one  of the approximately 155 PERS  employers also were                                                               
at 100  percent funding.   She said the  normal cost rate  is the                                                               
same  for  all  employers;  the  average  past  service  rate  is                                                               
averaged among  all the  PERS employers,  but each  PERS employer                                                               
has his/her  own past service  rate that is dependent  on his/her                                                               
individual liabilities and assets in the system.                                                                                
                                                                                                                                
8:23:55 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN said  Mercer Human Resource Consulting  comes to the                                                               
Public  Employees'  Retirement board  each  year  and provides  a                                                               
recommendation  for   the  average  contribution  rate   for  the                                                               
employers, recognizing that each  individual employer has his/her                                                               
own  contribution   rate,  which   is  found  in   the  actuarial                                                               
supplement to the systems.                                                                                                      
                                                                                                                                
8:24:58 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  Ms. Millhorn  if  she is  talking about  the                                                               
current accumulated  benefits over the projected  lifespan of all                                                               
of those employed.                                                                                                              
                                                                                                                                
8:25:34 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN said that's correct.   She explained that the normal                                                               
cost rate  and the  average past  service rate  combined together                                                               
make  of the  average contribution  rate for  the employer.   She                                                               
offered further details.                                                                                                        
                                                                                                                                
8:26:57 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS,  in response  to  a  question from  Chair  Seaton,                                                               
confirmed  that the  intention of  the actuarial  method is  that                                                               
benefits be paid essentially during  the working lifetime of each                                                               
active member.   He  stated, "So,  if you  had assets  to exactly                                                               
match the accrued liability, you would  be on target, in terms of                                                               
that  funding  policy  and,  as   long  as  all  the  assumptions                                                               
continued to be met and the  normal cost rate was paid, you would                                                               
remain on target into the future."                                                                                              
                                                                                                                                
8:27:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  asked if  an employee's  past contributions                                                               
would be  sufficient to  cover him/her  at retirement  after, for                                                               
example, 11 1/2 years of work.                                                                                                  
                                                                                                                                
8:28:25 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  responded, "The contributions attributable  to that                                                               
member  ... would  be the  member's contributions  themselves, as                                                               
well  as the  contributions that  the employer  has made  towards                                                               
that member's benefits through the normal cost rate."                                                                           
                                                                                                                                
8:28:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO asked  if a  new member  has to  contribute                                                               
something  to the  past  service  rate to  take  care of  "member                                                               
number one who now left the state."                                                                                             
                                                                                                                                
8:29:02 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS  responded  that,  presuming  all  assumptions  had                                                               
always been met  and none had ever needed to  be revised, no past                                                               
service rate would ever develop.   He noted that the past service                                                               
rate  has   developed  from  a  variety   of  factors,  including                                                               
experience different from assumptions  and program changes to the                                                               
benefit levels.                                                                                                                 
                                                                                                                                
8:30:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  offered  his understanding  that  a  person                                                               
retired from  the National Guard  can "buy  ... 5 years  into the                                                               
plan," while a  person retired from the active  duty Army cannot.                                                               
He said he cannot understand that.                                                                                              
                                                                                                                                
8:31:32 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN   offered  to  get  back   to  Representative  Lynn                                                               
regarding that question.  In  response to a related question from                                                               
Chair  Seaton,   she  said,  "Military  service   is  covered  in                                                               
statute."                                                                                                                       
                                                                                                                                
8:32:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said he  had  read  that Congress  has                                                               
changed  law to  allow recent  veterans to  buy into  the federal                                                               
civil service upon their return from  Iraq.  He asked if there is                                                               
anything that Alaska should do on the state level.                                                                              
                                                                                                                                
8:33:00 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN deferred all military-related questions to Ms. Lea.                                                                
                                                                                                                                
8:33:25 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  said he  would like the  questions focused  on what                                                               
the effects  of allowable  buy-ins are  on the  retirement system                                                               
and whether  other people in  the system  are being taxed  to pay                                                               
for the benefits that people are accruing.                                                                                      
                                                                                                                                
8:34:26 AM                                                                                                                    
                                                                                                                                
KATHY LEA, Retirement Manager,  Health Benefits Section, Division                                                               
of   Retirement  &   Benefits,   Department  of   Administration,                                                               
regarding  Representative  Lynn's   previously  stated  question,                                                               
noted  that in  1986  the legislature  passed a  cost-containment                                                               
bill  that created  Tier  II.   Part  of  that  bill contained  a                                                               
"double dipping"  rule pertaining to military  service; it stated                                                               
that  if a  member  was receiving  a  federal retirement  benefit                                                               
based on the  same service, he/she could not  claim that military                                                               
service in  PERS.  She  noted that  the U.S. Government  passed a                                                               
law in  Title 10 that contravenes  the state law as  it refers to                                                               
National  Guard and  Reserve  members.   She  clarified that  the                                                               
federal law  did not  include career military  people.   She told                                                               
Representative  Gruenberg  that he  is  correct  that "they  have                                                               
allowed that claiming into the  federal retirement system, but it                                                               
is  not a  federal  law -  it's a  provision  of that  retirement                                                               
system."   Regarding [Chair Seaton's previously  stated question]                                                               
regarding the cost effect to the [retirement] systems, she said:                                                                
                                                                                                                                
     We  have several  different kinds  of ...  service that                                                                    
     can be purchased into the system.   Some of them are at                                                                    
     ... full  actuarial cost, and  what that means  is that                                                                    
     the  employee that's  claiming it  pays  all the  costs                                                                    
     that  are  associated  with  that  service.    Military                                                                    
     service  is different  - it  is  a subsidized  service.                                                                    
     The  member  pays  8.5 percent  of  their  vesting-year                                                                    
     salary for every  year they claim, up to  five years of                                                                    
     service,  but the  employer pays  the rest.   So,  when                                                                    
     they do claim military service,  it does create a past-                                                                    
     service liability to the employer.                                                                                         
                                                                                                                                
CHAIR  SEATON  indicated to  Ms.  Lea  that  he would  like  more                                                               
details submitted to the committee regarding this issue.                                                                        
                                                                                                                                
MS. LEA agreed to his request.                                                                                                  
                                                                                                                                
8:37:01 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN directed attention to  page 24 of the handout, which                                                               
shows the  normal cost rate  and actuarial computed rate  from FY                                                               
83 through FY 06 for both PERS and  TRS.  She said changes in the                                                               
normal cost  rate are  caused by changes  in the  assumptions and                                                               
new tiers being introduced.                                                                                                     
                                                                                                                                
8:39:17 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN turned  to page 2, slide 3, which  shows the current                                                               
financial summary  for TRS, including  the normal cost  rate, the                                                               
past service  rate, the  total contribution  rate, and  the board                                                               
adopted rate.  She offered further details.                                                                                     
                                                                                                                                
8:40:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  observed that  the third line  of slide                                                               
2, relating to  PERS, shows the average  contribution rate, while                                                               
the  third line  of slide  3, relating  to TRS,  shows the  total                                                               
contribution rate.                                                                                                              
                                                                                                                                
8:41:01 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN explained  as follows:   "The  difference being  is                                                               
that  for  the Teachers'  Retirement  system,  it is  one  single                                                               
employer  rate, and  they  share the  liabilities  of the  system                                                               
together."                                                                                                                      
                                                                                                                                
8:42:40 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN, in  response to  Representative Ramras,  explained                                                               
that  as new  legislators are  appointed to  their positions  and                                                               
begin  participation  with PERS,  their  contribution  is set  in                                                               
statute.   That contribution  rate that  is made  on behalf  of a                                                               
legislator's  benefits   is  6.75   [percent].     That  employee                                                               
contribution rate  was established  in 1986  and has  not changed                                                               
since  then.   As  increases  in benefits  costs  arrive and  the                                                               
assumptions  take  place,  such  as  rising  medical  costs,  the                                                               
employer  bears the  additional cost  to the  system to  "pay for                                                               
your future  benefits."  It  is the employer's  responsibility to                                                               
make up  the difference in the  past service rate to  pay off the                                                               
unfunded liability.                                                                                                             
                                                                                                                                
8:44:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  asked  if  it  would  be  likely  that  a                                                               
legislator would create a liability  to the system after 20 years                                                               
in office.                                                                                                                      
                                                                                                                                
8:44:52 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN answered  that it would be subject  to the variables                                                               
that  occur  year  after  year   and  any  changes  in  actuarial                                                               
assumptions.  She continued as follows:                                                                                         
                                                                                                                                
     The  design of  the  system is  that your  contribution                                                                    
     rate,  along with  the employer  contribution rate,  is                                                                    
     designed  that at  the time  ... you  are appointed  to                                                                    
     retirement ... there  is all of the  necessary funds to                                                                    
     begin your  payment stream into  retirement.   The plan                                                                    
     is designed to  accomplish that goal, and  it does that                                                                    
     over that  period of time, recognizing  that there will                                                                    
     be  changes   in  investment  income;  there   will  be                                                                    
     actuarially  changed assumptions  that will  contribute                                                                    
     to what  the employer  has to pay  in order  to collect                                                                    
     all  of those  funds at  the time  of your  retirement.                                                                    
     Based  on  the  historical   look  back,  the  employee                                                                    
     contribution   amount,   coupled  with   the   employer                                                                    
     contribution  amount,  represents  25  percent  of  the                                                                    
     funding for  the system.   The remaining 75  percent is                                                                    
     collected   over   the   working   lifetime   of   that                                                                    
     individual, and  that is the investment  income that is                                                                    
     earned.   So, that's  the historical  look back  on the                                                                    
     funding  and the  percentages  that  contribute to  the                                                                    
     retirement system.                                                                                                         
                                                                                                                                
8:47:13 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN explained  that a  person is  vested into  the tier                                                               
level at which  they start, through a  contractual agreement with                                                               
the state.                                                                                                                      
                                                                                                                                
8:51:33 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN,  in response  to  a  question from  Representative                                                               
Gruenberg  regarding the  administration's responsibility  to the                                                               
fund, said  the division  looks at the  actuarial report  that is                                                               
provided  to the  boards each  year and  is often  asked for  its                                                               
recommendation for  setting the employer contribution  rate.  The                                                               
division's  position has  been to  support Mercer  Human Resource                                                               
Consulting's recommendation to increase  the contribution rate to                                                               
properly fund the system.                                                                                                       
                                                                                                                                
8:52:24 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON offered his understanding  that there is a provision                                                               
in statute that  restricts the increase in  the contribution rate                                                               
to 5 percent a year.                                                                                                            
                                                                                                                                
8:52:46 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN said  the provision is in PERS, in  regulation 2 AAC                                                               
35.900,  and  it  will  not   allow,  on  average,  the  employer                                                               
contribution rate  to be higher than  or lower than 5  percent in                                                               
any  one year.    She said  that regulation  was  adopted by  the                                                               
Public  Employees'  Retirement  board   at  the  request  of  the                                                               
Municipality of Anchorage  in 1981, for budgetary  purposes.  She                                                               
emphasized that it is not a regulation with TRS.                                                                                
                                                                                                                                
8:53:29 AM                                                                                                                    
                                                                                                                                
MS. MILLHORN directed attention to pages  3 and 4, which show the                                                               
funding ratios  for PERS  and TRS.   She  listed the  studies and                                                               
reports that  can be  found on  [the division's  web site].   Ms.                                                               
Millhorn turned the presentation over to Mr. Reynolds.                                                                          
                                                                                                                                
8:54:37 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  explained that the  discussion would now  move into                                                               
the subject of the new tier  proposals.  He directed attention to                                                               
page 5,  slide 5, which  shows the financial  context, including:                                                               
rising  contribution  levels;  volatile  investment  returns  and                                                               
investment uncertainty; and rising medical costs.                                                                               
                                                                                                                                
8:56:33 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  highlighted information on  slide 6, page  5, which                                                               
shows  key information,  including:   an employer  survey; member                                                               
focus groups  with plan members;  benchmarking to  compare system                                                               
benefits to  benefits provided by  other states;  benefit levels;                                                               
demographic  projections;   implications  of   Medicare  changes;                                                               
trends,  issues,  and  alternatives;   and  cost  [analyses]  and                                                               
projections.   Mr. Reynolds said  one of the primary  findings of                                                               
the benchmarking  activity was  the discovery  that PERS  and TRS                                                               
provide  relatively  rich  medical  benefits  compared  to  other                                                               
programs.   Mr. Reynolds  asked Ms.  Millhorn to  further discuss                                                               
the employee survey.                                                                                                            
                                                                                                                                
8:58:13 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN said  the survey  was important  and comprehensive.                                                               
She  noted  that  surveys  were sent  out  to  approximately  155                                                               
employers and  89 responded back,  while 10 indicated  they would                                                               
not participate in  the PERS survey.  For TRS,  surveys were sent                                                               
to 57 employers and 36 responded.   She noted that the survey was                                                               
also sent to all collective  bargaining units and unions and, out                                                               
of 11, only 1 sent it back, while one refused.                                                                                  
                                                                                                                                
9:00:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he would  like to know  why people                                                               
refused or didn't respond.                                                                                                      
                                                                                                                                
9:01:07 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN said  she would  get an  answer back  to him.   She                                                               
turned the presentation back over to Mr. Reynolds.                                                                              
                                                                                                                                
9:01:28 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS noted that, [beginning  on page 34], the response to                                                               
the survey can be seen.                                                                                                         
                                                                                                                                
9:02:31 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS directed attention to page  6, slides 7 and 8, which                                                               
list important  conclusions regarding [the surveys  for] PERS and                                                               
TRS, respectively.  He outlined  the concerns in the PERS survey,                                                               
including that employers want the  retirement program to continue                                                               
to provide  medical coverage.   Many employers  were open  to the                                                               
possibility of  providing differing  levels of  medical coverage,                                                               
depending on  length of service,  or having members share  in the                                                               
cost of coverage.   PERS employers showed they were  also open to                                                               
lowering  the post-retirement  cost-of-living adjustment  and not                                                               
providing medical  coverage to vested, terminated  members.  Most                                                               
systems  studied only  provide  medical coverage  to members  who                                                               
actually  retire from  the  system.   He  explained that  vested,                                                               
terminated  members  are  those   who  leave  prior  to  reaching                                                               
retirement age, but  with sufficient service to be  entitled to a                                                               
pension  benefit from  the system.   He  noted that  some of  the                                                               
responses  did  seem  to  favor   continuing  a  defined  benefit                                                               
approach  in  that there  was  a  desire to  reward  long-service                                                               
membership  in the  system.   However,  responses  did also  lean                                                               
toward shifting some of the investment risk to members.                                                                         
                                                                                                                                
9:05:24 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS, in  response to a question from  Chair Seaton, said                                                               
contributions are  supposed to  match future  retirement benefits                                                               
for the  system as a  whole when  all the membership  is averaged                                                               
together.   He  offered an  example.   He  said the  contribution                                                               
levels   would  differ   by   individual,   within  the   state's                                                               
membership,  and  the contribution  levels  would  be higher  for                                                               
older,  longer-service members  than  for newer  ones.   However,                                                               
when  the rates  are developed,  they  are averaged  so that  the                                                               
employer  is   contributing  the   appropriate  amount   for  the                                                               
workforce.                                                                                                                      
                                                                                                                                
MR.  REYNOLDS  noted   that  there  are  two   primary  types  of                                                               
retirement programs:  defined benefit  programs, such as PERS and                                                               
TRS, and defined contribution  programs, which are account-based,                                                               
such as  a 401(k).   The programs are  different in the  way that                                                               
the  dollars  get  distributed  between   people.    One  of  the                                                               
differences is that defined benefit  plans tend to direct more of                                                               
the  money towards  older,  longer-service  members than  defined                                                               
contribution plans do.                                                                                                          
                                                                                                                                
9:07:30 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS, in  response to  a follow-up  question from  Chair                                                               
Seaton, explained that each type  of retirement program builds up                                                               
benefits over  a person's lifetime.   The rate at  which benefits                                                               
build  up  will   be  different,  depending  on   which  type  of                                                               
retirement program a person has.   In response to a question from                                                               
Chair  Seaton, he  said  it's not  that one  plan  is worse  than                                                               
another.  He clarified as follows:                                                                                              
                                                                                                                                
     It's  that, in  the defined  contribution plan,  at the                                                                    
     end of  the day, when you  walk out the door  with your                                                                    
     account,  the majority  of that  account  will be  from                                                                    
     contributions that  you made  at the beginning  of your                                                                    
     career,  because  that  money   will  have  grown  with                                                                    
     investment  returns.   The $1,000  dollars  you put  in                                                                    
     last year  is just  $1,000, but the  $1,000 you  put in                                                                    
     when you  were 20  has doubled  several times,  so that                                                                    
     the value  of the account comes  from the contributions                                                                    
     that were  paid early.   In  the defined  benefit plan,                                                                    
     it's more  difficult to understand, but  it's basically                                                                    
     the  other way  around:   The  value  of your  benefits                                                                    
     grows fastest in the later years.                                                                                          
                                                                                                                                
CHAIR  SEATON asked  if [the  reason the  greatest growth  in the                                                               
defined  benefit plan  is  in  the later  years]  is because  the                                                               
person takes  the highest  three years, which  would be  the last                                                               
ones.                                                                                                                           
                                                                                                                                
MR. REYNOLDS said that certainly is one of the reasons.                                                                         
                                                                                                                                
9:10:11 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  turned to page  7, slides 9  and 10, which  show an                                                               
overview of  system objectives  and constraints.   Slide  9 shows                                                               
the  objectives as  follows: the  system  should provide  medical                                                               
benefits to retirees, but members  should bear a greater share of                                                               
the cost  and should have to  retire from the system  in order to                                                               
be  eligible  for  medical coverage;  benefits  should,  to  some                                                               
extent,  favor  longer-service  members;  employer  contributions                                                               
should be  more predictable and  stable; investment  risks should                                                               
be  shared by  employers  and members;  and healthcare  inflation                                                               
risk should be  shared by employers and members.   Slide 10 shows                                                               
the  constraints  as  follows:    non-medical  benefits  must  be                                                               
sufficient to  satisfy minimum requirements for  employers who do                                                               
not  participate in  Social Security;  benefit changes  must take                                                               
the form  of new  tiers; and  annual cost  of benefits  should be                                                               
less than the current systems' normal cost rates.                                                                               
                                                                                                                                
9:12:17 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS,  in response  to  a  question from  Representative                                                               
Gruenberg,  said  the system  of  objectives  and restraints  was                                                               
drafted by the  tier committee as a result of  the information it                                                               
gathered,  which is  described on  slide 6.   He  offered further                                                               
details.                                                                                                                        
                                                                                                                                
9:13:12 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS directed  attention to  page 8,  slides 11  and 12,                                                               
which  show trends  and alternatives  related to  defined benefit                                                               
observations.   The observations  on slide 11  show:   plans have                                                               
experienced  higher  cost  levels and  greater  cost  volatility;                                                               
funded status  has declined in  the last  3 years; and  there are                                                               
some advantages  to the employer  of defined benefit  plans, such                                                               
as  retention  incentives  and  lower  turnover  cost,  workforce                                                               
management,  and  costs  allocated  to  longer-service  employees                                                               
retirement benefit  alternatives.   The observations in  Slide 12                                                               
show:  advantages   to  employees   of  defined   benefit  plans,                                                               
including the pooling  of longevity risk, the employer  - in most                                                               
cases  - bearing  the investment  risk,  and predictable,  stable                                                               
retirement  income; and  challenges for  the employer  of defined                                                               
benefit plans, including investment risk and cost volatility.                                                                   
                                                                                                                                
9:15:26 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  turned to slides  13 and 14, on  page 9.   Slide 13                                                               
shows:    advantages  to the  employer  of  defined  contribution                                                               
plans,  including predictable  cost,  stable  cost, the  employee                                                               
assuming   investment    risk,   no    long-term   administrative                                                               
commitment,   and  contribution   equity  among   employees;  and                                                               
advantages  to  the  employee   of  defined  contribution  plans,                                                               
including  portability, the  ability to  direct investments,  and                                                               
contribution equity  among employees.  Slide  14 shows challenges                                                               
for defined contribution plans,  including:  increased difficulty                                                               
to manage  the workforce; employee  directed money  often earning                                                               
less;   the    amount   needed   at   retirement    often   being                                                               
underestimated;  the  necessity  of employees  to  contribute  in                                                               
excess of 10  percent, while most do not;  and retirees generally                                                               
not  being  equipped  to  transform the  lump  sum  into  monthly                                                               
payments that last for a lifetime.                                                                                              
                                                                                                                                
9:17:30 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  responded to a question  from Representative Ramras                                                               
as follows:                                                                                                                     
                                                                                                                                
     What we are  addressing here is the  nonmedical part of                                                                    
     the  program  - the  pension  part  - and  the  defined                                                                    
     contribution approach would  eliminate any underfunding                                                                    
     that could  occur related  to the  pension part  of the                                                                    
     program.  The  medical part of the  program still could                                                                    
     develop  future  liabilities.   Now,  there  is a  fair                                                                    
     amount of  description here  about proposed  changes to                                                                    
     the  medical program  that  would  help alleviate  that                                                                    
     situation,  but  nothing  that was  contemplated  would                                                                    
     entirely  eliminate  that  ... risk  from  the  medical                                                                    
     program.                                                                                                                   
                                                                                                                                
9:20:36 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN,  in  response  to   a  query  from  Representative                                                               
Gruenberg, confirmed  that defined  contribution plans  are often                                                               
cheaper for the employer than defined benefit plans.                                                                            
                                                                                                                                
9:21:01 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked,   "Is  the  cost  necessarily   less  at  a                                                               
particular time,  or is the  volatility and liability  for change                                                               
less?"                                                                                                                          
                                                                                                                                
9:21:46 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN responded  that the  defined  contribution plan  is                                                               
designed  to shift  the  risk and  eliminate  the volatility  for                                                               
those future benefits.  She offered further details.                                                                            
                                                                                                                                
9:23:58 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  elaborated that there  is a difference  between the                                                               
two programs in  terms of cost volatility.  He  concluded, "So, a                                                               
defined contribution  plan can be  designed to be  relatively the                                                               
same cost, cheaper, or more  costly, but there's nothing inherent                                                               
between the  programs that's  cheaper.  What  is inherent  is the                                                               
volatility issue."                                                                                                              
                                                                                                                                
9:24:41 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  directed attention to  slide 16, on page  10, which                                                               
shows that two  alternatives were shown to  the Public Employees'                                                               
Retirement  and  Teachers'  Retirement   boards,  with  the  tier                                                               
committee  recommending  Alternative  1.   Alternative  1  would:                                                               
retain  a  defined benefit  component,  although  a reduced  one;                                                               
introduce  a defined  contribution  component;  retain a  medical                                                               
component,   but  with   revisions;   and   introduce  a   health                                                               
reimbursement  account  (HRA),  which   is  intended  to  provide                                                               
dollars  that can  be applied  solely  towards medical  benefits.                                                               
Alternative 2 would: eliminate the  defined benefit component and                                                               
redirect those dollars towards  the defined contribution portion;                                                               
retain a medical program with  the same revision relative to that                                                               
in Alternative  1; and introduce  the HRA.   Member contributions                                                               
under both  alternatives were  proposed to  be higher  than under                                                               
the  current   tiers.    Contribution   rates  for   the  defined                                                               
contribution  component were  higher for  Alternative 2  than for                                                               
Alternative  1, due  to the  elimination of  the defined  benefit                                                               
component.  The  post retirement medical program  was proposed to                                                               
be the same for each of the two alternatives.                                                                                   
                                                                                                                                
9:28:01 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  turned to  slide 17, on  page 11,  which highlights                                                               
the  defined benefit  alternative,  showing  that the  percentage                                                               
multiplier is lower relative to  the current system.  The current                                                               
system has  multipliers of 2  to 2.5 percent,  while [Alternative                                                               
1] would  use 1 percent.   Pay would be averaged  over a member's                                                               
career, rather  than using a  "high three" concept;  however, the                                                               
pay  would  be  indexed  from  the  year  received  to  the  year                                                               
preceding  retirement, similar  to  the way  the social  security                                                               
system  indexes  pay  to  age 62  before  "averaging  to  develop                                                               
average  pay."   Slide 18,  he noted,  includes some  of the  key                                                               
features  of   the  defined  contribution   components,  showing:                                                               
individual   accounts    are   maintained   for    each   member;                                                               
contributions  are  a percentage  of  base  pay; various  member-                                                               
directed  investment options  that  are 100  percent vested;  and                                                               
that the terminating or retiring  member takes the account, which                                                               
is eligible for rollover.                                                                                                       
                                                                                                                                
9:30:07 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS,  in response  to  a  question from  Representative                                                               
Gruenberg  regarding  the  defined  contribution  alternative  in                                                               
slide 18, confirmed that the employer also makes a contribution.                                                                
                                                                                                                                
9:32:31 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS,  in response  to a series  of questions  from Chair                                                               
Seaton, summarized  that in  developing the  cost of  the defined                                                               
benefit   portion,  the   assumption  was   continued  that   the                                                               
investments  behind  the  program  would continue  to  earn  8.25                                                               
percent, on  average.  He  said the  actual costs would  be shown                                                               
later.                                                                                                                          
                                                                                                                                
9:33:02 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS brought  attention to slides 19 and 20,  on page 12,                                                               
which compare  the level  of benefits that  would be  provided by                                                               
each of  the alternatives to  a hypothetical member,  relative to                                                               
the  current program's  most recent  tier.   Slide  19 shows  the                                                               
comparison  for TRS,  while  slide 20  shows  the comparison  for                                                               
PERS.   He  noted that  the current  tiers tend  to be  higher at                                                               
retirement age,  but in each case  "there are many ages  prior to                                                               
retirement  where   the  proposed  alternatives   could  actually                                                               
deliver a higher benefit."                                                                                                      
                                                                                                                                
9:34:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked why  it's  in  the state's  best                                                               
interest  to  have a  system  that  encourages people  to  retire                                                               
earlier rather than  keeping them when they  are more experienced                                                               
and productive.                                                                                                                 
                                                                                                                                
9:35:40 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN said  the plans  are designed  to have  recruit and                                                               
retention  incentives   attached.    Historically,   the  average                                                               
credited service for a teacher,  under the existing tier, is 10.5                                                               
years.  The  average credited service in PERS is  8.5 years.  She                                                               
said  she  thinks  people will  decide  individually  what  their                                                               
particular circumstances  are.   In response  to a  question from                                                               
Representative  Gruenberg, she  said the  studies that  are being                                                               
used are both  from the Division of Personnel  and the Department                                                               
of Labor.                                                                                                                       
                                                                                                                                
9:38:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAMRAS  mentioned   hearing   about  a   teacher                                                               
mentoring system  and an attrition  rate of 50 percent,  with pay                                                               
being only a 4th or 5th deciding factor.                                                                                        
                                                                                                                                
9:39:26 AM                                                                                                                    
                                                                                                                                
MS.  MILLHORN said  she is  not  privy to  that information,  but                                                               
suggested  that many  factors are  involved in  the longevity  of                                                               
teachers  in the  system, and  not  all of  those factors  relate                                                               
directly to TRS.  She offered some examples.                                                                                    
                                                                                                                                
9:41:23 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS directed attention to slides  19 and 20, on page 12,                                                               
which show  the accrual of  nonmedical benefits for both  TRS and                                                               
PERS.  He noted  that a great deal of cost  savings was not built                                                               
in to  Alternative 1  and 2.   He said that  some members  of the                                                               
systems may benefit more from  the current tier, while others may                                                               
benefit more from one of the  alternative tiers.  He stated a key                                                               
point is that the current  systems do provide medical coverage to                                                               
terminate vested members.  He offered further details.                                                                          
                                                                                                                                
9:43:22 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS said  the next  few pages  deal with  the proposals                                                               
relative to  the medical aspect of  the program.  Slide  21 shows                                                               
that  members  would be  required  to  retire directly  from  the                                                               
system to be  eligible to receive medical benefits.   The systems                                                               
would provide  a health plan;  levels of  subsidy or cost  to the                                                               
member would  vary.   People who retire  prior to  being eligible                                                               
for  full  normal retirement  would  get  access to  the  medical                                                               
program, but essentially would have to pay their own way.                                                                       
                                                                                                                                
MR. REYNOLDS said  that may provide incentive for  those close to                                                               
retirement  eligibility  to stick  around.    He noted  that  the                                                               
retirement period has been divided  into three phases.  The three                                                               
phases  would be:  early-to-normal retirement,  where the  member                                                               
pays all;  "normal retirement  to Medicare  eligibility portion,"                                                               
where members would  receive money from the system,  but would be                                                               
responsible  for  making up  the  difference;  and upon  Medicare                                                               
eligibility, where  members would enter  a program more  like the                                                               
current  one, but  still would  have some  cost sharing  elements                                                               
implemented relative to the current program.                                                                                    
                                                                                                                                
9:46:47 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked what effect there  might be if, on  a federal                                                               
level, the age requirement of 65 was changed to 66 or 67.                                                                       
                                                                                                                                
9:47:17 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS replied  that no sensitivity analysis  has been done                                                               
because no  prediction can be  made regarding what  changes might                                                               
be contemplated by the administration "relative to that."                                                                       
                                                                                                                                
9:48:36 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS,  in response  to a remark  by Chair  Seaton, stated                                                               
that the idea was to make the system less vulnerable.                                                                           
                                                                                                                                
9:48:53 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS, in  the interest of time,  encouraged the committee                                                               
members to read slides 22-29 on their own.                                                                                      
                                                                                                                                
9:49:18 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  directed attention to  slides 30-39, which  he said                                                               
address the  HRAs.  He said  the key point is  to understand that                                                               
they are accounts  with contributions put in each  year, and they                                                               
grow with earnings.  Members would  be able to use those accounts                                                               
to provide  for their expenses in  retirement.  In response  to a                                                               
question  from  Chair Seaton,  he  clarified  that those  dollars                                                               
could  be  used  for  payment  of  insurance  premiums  prior  to                                                               
Medicaid eligibility, as well as for co-pays and deductibles.                                                                   
                                                                                                                                
9:51:40 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS,  in response  to  a  question from  Chair  Seaton,                                                               
offered details related to slide 39.   In response to a follow-up                                                               
question from  Chair Seaton, he  explained that  medical expenses                                                               
occur  over  time  and  the  HRAs  will  be  drained  over  time;                                                               
therefore, it's not  a simple matter of  subtracting [HRA amounts                                                               
from gross retiree cost amounts] to get the net retiree cost.                                                                   
                                                                                                                                
9:54:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO   noted  that  there  is   a  reference  to                                                               
"Police/Fire" retirement on  page 30.  He asked  how familiar Mr.                                                               
Reynolds is regarding  the procedures that are used  to fund that                                                               
medical retirement.                                                                                                             
                                                                                                                                
9:55:05 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS  responded that he  is familiar with  the provisions                                                               
of  the  program  itself.    He  said  he  would  defer  specific                                                               
questions about administration to the division.                                                                                 
                                                                                                                                
9:55:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  directed attention  back to slide  39 and                                                               
noted  that  the  net  retiree  cost  for  late  hires  shows  as                                                               
significantly less than  that of the early hires.   She suggested                                                               
that is counterintuitive.                                                                                                       
                                                                                                                                
9:55:59 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS said  the reason  for  the difference  is that  the                                                               
early hire becomes  eligible for retirement sooner  than the late                                                               
hire; therefore,  the retirement period presumably  is longer for                                                               
the early hire and there is a much larger medical expenditure.                                                                  
                                                                                                                                
9:57:01 AM                                                                                                                    
                                                                                                                                
MR.  REYNOLDS,  in response  to  a  question from  Chair  Seaton,                                                               
confirmed  that that  has  to do  with  the Medicaid  eligibility                                                               
dollars  that would  have to  be  expended.   He offered  further                                                               
details.                                                                                                                        
                                                                                                                                
9:57:30 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS,  in response to an  observation from Representative                                                               
Ramras, confirmed  that slides  37 and  38 define  the parameters                                                               
that go into slide 39.                                                                                                          
                                                                                                                                
9:57:51 AM                                                                                                                    
                                                                                                                                
MR. REYNOLDS directed attention to slides  40 and 41, on pages 22                                                               
and 23,  which show normal cost  rates for Alternatives 1  and 2,                                                               
respectively.  Slide 40 shows two  columns each for TRS and PERS,                                                               
including the  following components:   medical normal  cost rate,                                                               
defined benefit normal cost rate,  defined contribution rate, and                                                               
HRA  contribution rate.   The  normal cost  rate for  the current                                                               
program in  all tiers  are shown  in parentheses  for comparative                                                               
purposes.  He offered further details.                                                                                          
                                                                                                                                
10:03:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LYNN   requested  information  relating   to  his                                                               
previously stated  question regarding military personnel  and the                                                               
issue of "buying in."                                                                                                           
                                                                                                                                
10:04:08 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON asked committee members to submit any further                                                                      
questions they would like answered to his committee aide.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at                                                                       
10:04:38 AM.                                                                                                                  

Document Name Date/Time Subjects