1999 Legislation
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HOUSE BILL NO. 174 – PERSI/retirement allowance/compute

HOUSE BILL NO. 174

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H0174.......................................by COMMERCE AND HUMAN RESOURCES
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the
Public Employee Retirement System to provide an increase in the percentage
of the average monthly salary used to compute retirement allowances.

02/04    House intro - 1st rdg - to printing
02/05    Rpt prt - to Com/HuRes

Bill Text


H0174


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 174

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  59-1342,
 3        IDAHO  CODE, TO PROVIDE AN ADJUSTMENT IN THE PERCENTAGE OF AVERAGE MONTHLY
 4        SALARY TO BE USED IN THE COMPUTATION OF SERVICE RETIREMENT ALLOWANCES  AND
 5        TO MAKE TECHNICAL CORRECTIONS.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section 59-1342, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        59-1342.  COMPUTATION OF SERVICE RETIREMENT ALLOWANCES  --  MINIMUM  BENE-
10    FITS.  (1) The annual amount of accrued retirement allowance for each month of
11    credited service for which a member was not classified as a police  member  or
12    firefighter shall equal one and two-thirds  per cent   percent
13      (1 2/3%)  of the member's average monthly salary. Effective October 1,
14    1992, the annual amount of accrued retirement allowance for  all  service  for
15    which  a  member  was  not  classified as a police member or firefighter shall
16    equal one and seventy-five hundredths   per  cent      percent
17      (1.75%)  of  the member's average monthly salary; effective October 1,
18    1993, the annual amount of accrued retirement allowance shall  equal  one  and
19    eight  hundred  thirty-three  thousandths   per cent   percent
20     (1.833%) of the member's  average  monthly  salary;    and  
21    effective  October  1, 1994, the annual amount of accrued retirement allowance
22    shall equal one and nine hundred seventeen thousandths  per  cent  
23      percent    (1.917%)  ; and effective September 30, 1999, the
24    annual amount of accrued retirement allowance shall  equal  two  percent  (2%)
25     of the member's average monthly salary. Entitlement to an annual amount
26    of  accrued  retirement  allowance  shall not vest until the effective date of
27    that annual amount of accrued retirement allowance.  The  retirement  benefits
28    shall be calculated on the amounts, terms and conditions in effect on the date
29    of  the final contribution by the member. The annual amount of initial service
30    retirement allowance of such a member shall equal (a)  or  (b),  whichever  is
31    greater:
32        (a)   t  T he member's accrued retirement allowance;
33        or
34        (b)    f    F  ive dollars ($5.00) multiplied by the
35        number of months of credited service and by the bridging factor,  as  pro-
36        vided  in  section 59-1355, Idaho Code, between July 1, 1974 and the first
37        of the month following the member's final contribution.
38        (2)  The annual amount of accrued retirement allowance for each  month  of
39    credited service for which a member was classified as a police member or fire-
40    fighter shall equal two  per cent   percent  (2%) of the
41    member's  average monthly salary. Effective October 1, 1992, the annual amount
42    of accrued retirement allowance for all service for which a member was classi-
43    fied as a police member or firefighter shall equal two and seventy-five  thou-


                                          2

 1    sandths    per  cent   percent  (2.075%) of the member's
 2    average monthly salary; effective  October  1,  1993,  the  annual  amount  of
 3    accrued  retirement allowance shall equal two and fifteen hundredths  per
 4    cent   percent  (2.15%) of the member's average monthly  sal-
 5    ary;   and  effective October 1, 1994, the annual amount of accrued
 6    retirement allowance shall equal two and two hundred  twenty-five  thousandths
 7      per cent   percent  (2.225%) ; and effective Sep-
 8    tember 30, 1999, the annual amount of accrued retirement allowance shall equal
 9    two and three-tenths percent (2.3%)  of  the  member's  average  monthly
10    salary.  Entitlement to an annual amount of accrued retirement allowance shall
11    not vest until the effective date of that annual amount of accrued  retirement
12    allowance.   The retirement benefits shall be calculated on the amounts, terms
13    and conditions in effect on the date of the final contribution by the  member.
14    The  annual  amount  of  initial service retirement allowance of such a member
15    shall equal (a) or (b), whichever is greater:
16        (a)   t  T he member's accrued retirement allowance;
17        or
18        (b)   s  S ix dollars ($6.00) multiplied by the num-
19        ber of months of credited service and by the bridging factor, as  provided
20        in  section 59-1355, Idaho Code, between July 1, 1974 and the first of the
21        month following the member's final contribution.
22        (3)  Provisions of this section shall be applicable to members and contin-
23    gent annuitants of the retirement system and to members, annuitants and  bene-
24    ficiaries of the teachers and city systems. In any recomputation of an initial
25    retirement  allowance  for a person not making a final contribution subsequent
26    to 1974, the bridging factor referred to in subsections (1) and (2)  shall  be
27    1.000. Any recomputed retirement allowance shall be payable only prospectively
28    from July 1, 1974.
29        (4)  Benefits  payable  to  a  person who became a member prior to July 1,
30    1974, or to the member's beneficiaries shall never be  less  than  they  would
31    have received under this chapter as in effect on June 30, 1974; provided, how-
32    ever,  that  the member shall have accrued the amount of accumulated contribu-
33    tions required thereby prior to payment of an initial retirement allowance.
34        (5)  If the majority of a member's credited service is as an elected offi-
35    cial or as an appointed official, except as a member of the Idaho legislature,
36    and that official was normally in the administrative offices of  the  employer
37    less  than  twenty  (20) hours per week during the term of office, or was nor-
38    mally not required to be present  at  any  particular  work  station  for  the
39    employer  twenty  (20)  hours  per week or more during the term of office, and
40    that member's initial service retirement allowance for service  credited  only
41    during  that period would be computed under subsection (1)(b) and/or (2)(b) of
42    this section, without consideration of any other  credited  service,  then  it
43    will  be  so  computed for that period of service. If that member has credited
44    service from any other employment, the accrued  service  retirement  allowance
45    for  the credited service from such other employment shall be computed from an
46    average monthly salary for salary received during the  period  of  such  other
47    employment.  The  initial service retirement allowance of members of the Idaho
48    legislature will be computed under subsection (1) and/or (2) of this  section,
49    on the basis of their total months of credited service.
50        (6)  In no case, however, will a member's initial service retirement bene-
51    fit  be  equal to more than the member's accrued benefit as of May 1, 1990, or
52    one hundred  per cent   percent  (100%) of the  member's
53    average  compensation  for the three (3) consecutive years of employment which
54    produce the greatest aggregate compensation, whichever is greater. If the ben-
55    efit is calculated to exceed one hundred  per cent     percent


                                          3

 1     (100%) of the member's average compensation, the member shall be eligi-
 2    ble for and may choose either:
 3        (a)    a    A  n annual service retirement allowance
 4        equal to the member's average annual compensation for the three  (3)  con-
 5        secutive years of employment which produced the greatest aggregate compen-
 6        sation; or
 7        (b)   a  A  separation benefit.
 8        (7)  The annual amount of initial service retirement allowance of a member
 9    who  is over age seventy (70) on the effective date of the member's retirement
10    shall be a percentage of the member's initial  service  retirement  allowance.
11    Such  percentage  shall  be  one  hundred   per cent   percent
12     (100%) increased as determined by the  board  to  compensate  for  each
13    month that the member's retirement is deferred beyond age seventy (70).
14        (8)  A  member's  accrued  retirement  allowance, as otherwise provided in
15    subsections (1), (2), (3), (4) and (5) of this section, shall not be less than
16    the minimum accrued retirement allowance  provided  in  this  subsection.  The
17    determination  of the initial service retirement allowance provided in subsec-
18    tions (1) and (2) of this section, and the application of  the  provisions  in
19    subsections  (6) and (7) of this section, will be made after the determination
20    of the minimum accrued retirement allowance provided in this subsection.
21        This subsection shall apply to members who have at least two (2)  separate
22    periods of employment covered under this chapter where each separate period of
23    employment  would  otherwise be eligible for a separation benefit described in
24    section 59-1359, Idaho Code. For purposes of this subsection, if a  separation
25    of  employment  occurs  that  does  not exceed sixty (60) consecutive calendar
26    months then the member's period of employment shall be considered a continuous
27    period of employment. For purposes of this subsection, date of last  contribu-
28    tion  is  the date of final contribution for each period or periods of employ-
29    ment.
30        For each separate period of employment considered under  this  subsection,
31    the  member must not have received a separation benefit for that period, or if
32    he has received such a separation benefit under section 59-1359,  Idaho  Code,
33    he  must have completed reinstatement of all previous credited service associ-
34    ated with all separation benefits for all periods of employment  as  permitted
35    under section 59-1360, Idaho Code.
36        The  minimum  accrued  retirement  allowance shall be equal to the largest
37    accrued retirement allowance calculated at  each  date  of  last  contribution
38    based  upon the benefit and eligibility provisions in effect as of the date of
39    the last contribution made during such separate period of employment. For pur-
40    poses of determining the accrued retirement allowance for each  date  of  last
41    contribution:
42        (a)    t   T he member must have at least sixty (60)
43        months of credited service at the date of last contribution;
44        (b)   t  T he member's months  of  credited  service
45        and  average  monthly salary are determined based  soley  
46        solely  on all periods of employment up to that date of last contri-
47        bution, ignoring later periods of employment; and
48        (c)   t  T he accrued retirement allowance  computed
49        for  each  period is multiplied by the bridging factor as provided in sec-
50        tion 59-1355(3), Idaho Code, between the date  of  the  last  contribution
51        made  during  that  separate  period  of  employment  and  the date of the
52        member's final contribution made during  the  last  period  of  employment
53        prior to retirement.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 08816

This legislation will change one component in the formula used
by the Public Employee Retirement System of Idaho (PERSI) to
determine the monthly benefit paid to retiring employees. It
amends Idaho Code 59-1342 by increasing the multiplier for
service retirement allowance from the current 1.917% to 2.0% for
general employees and from 2.225% to 2.3% for police members and
firefighters.

                            FISCAL NOTE
                                 
This bill would increase the normal cost of the PERSI system by
.55% of pay, which increases the total temporary contribution
rate from 15.78% to 16.33%. of this increase, .34% will be the
responsibility of the employers, .21% the responsibility of
general employees, and .24% the responsibility of police members
and firefighters. As of July 1, 1998, PERSI's actuaries reported
that the systems's unfunded liability has been completely
eliminated; and , in fact, the funding ratio stood at 108.6%.
The actuaries also estimated that, had the change proposed in
this legislation been in effect, that ratio would have been
reduced to 105.6%(a reduction of $142.1 million, leaving $292.6
million more in assets than liabilities). The proposed
improvements can be implemented without increasing the total
employer and employee contribution rate above the current
permanent rates of 17.78% that has been established by the PERSI
Board and which should have been budgeted for by employer units.
The total contribution rate is assumed to go to the permanent
rate on November 1, 1999, if the Board takes no action to extend
the temporary period.RS 08816                                                  Page 2



CONTACTS:

                      Representative Tom Trail       (For all contacts:208/332-2100)
                      Representative Bert Marley
                      Senator John Andreason

                      OTHER CO-SPONSORS:
                      Representative Max Black          Senator Cecil Ingram
                      Representative Wendy Jaquet       Senator Shawn Keough
                      Representative Doug Jones         Senator Marguerite McLaughlin
                      Representative Shirley Ringo Senator Gary Schroeder
                      Representative Tim Ridinger       Senator Sheila Sorensen
                      Representative Ruby Stone         Senator Betsy Dunklin

                                      STATEMENT OF PURPOSE/ FISCAL NOTE   Bill No.  H 174