1998 Legislation
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HOUSE BILL NO. 730 – PERSI, service computation, rate

HOUSE BILL NO. 730

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H0730..........................................................by EDUCATION
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law to reduce the
number of months used to calculate the base period and increase the rate
for computation of service retirement in the Public Employee Retirement
System and to provide a factory for computation of early retirement
allowances.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to HuRes

Bill Text


H0730


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 730

                                  BY EDUCATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  59-1302,
 3        IDAHO  CODE,  TO ADOPT AN ADJUSTMENT IN THE COMPUTATION OF CALENDAR MONTHS
 4        FOR BASE PERIOD; AMENDING SECTION 59-1342, IDAHO CODE,  TO  ADOPT  A  RATE
 5        ADJUSTMENT IN THE COMPUTATION OF SERVICE RETIREMENT ALLOWANCES AND TO MAKE
 6        TECHNICAL  CORRECTIONS;  AND AMENDING SECTION 59-1346, IDAHO CODE, TO PRO-
 7        VIDE THE FACTOR FOR COMPUTATION OF EARLY RETIREMENT ALLOWANCES.

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

 9        SECTION 1.  That Section 59-1302, Idaho Code, be, and the same  is  hereby
10    amended to read as follows:

11        59-1302.  DEFINITIONS.  (1)  As  used  in  this chapter, each of the terms
12    defined in this section shall have the meaning given in this section unless  a
13    different meaning is clearly required by the context.
14        (2)  "Active  member" means any employee who is not establishing the right
15    to receive benefits through his or her employer's participation in  any  other
16    retirement  system  established for Idaho public employees, if such participa-
17    tion is mandated by applicable Idaho statutes other than this chapter.  In  no
18    case will an employee be entitled to any benefit under this chapter for public
19    service  if  such  employee is establishing retirement benefit entitlements by
20    other Idaho statutes or federal statutes other than military service or social
21    security for that same service.
22        (3)  "Accumulated contributions" means the sum of amounts contributed by a
23    member of the system, together with regular interest credit thereon.
24        (4)  "Actuarial equivalent" means a benefit equal in value to another ben-
25    efit, when computed upon the basis of the actuarial tables in use by the  sys-
26    tem.
27        (5)  "Actuarial  tables"  means  such tables as shall have been adopted by
28    the board in accordance with recommendations of the actuary.
29        (5A)  "Average monthly salary" means the member's  average  salary  during
30    the  base  period  as  calculated  pursuant to rules adopted by the retirement
31    board.
32        (5B)  (a)  "Base period" means the period of fifty-four  (54)  consecutive
33        calendar months during which the member earned:
34             (i)   The highest average salary; and
35             (ii)  Membership  service  of  at  least one-half (1/2) the number of
36             months in the period, excluding months of service attributable to:
37                  A.  Military service;
38                  B.  Service qualifying as minimum benefit  pursuant  to  section
39                  59-1342(5), Idaho Code; and
40                  C.  Worker's compensation income benefits.
41        (b)  Effective  October  1, 1993, the consecutive calendar months shall be
42        forty-eight (48). Effective October  1,  1994,  the  consecutive  calendar
43        months  shall  be forty-two (42).  Effective August 1, 1998, the con-


                                          2

 1        secutive calendar months shall be thirty-six (36). 
 2        (c)  Entitlement to a base period shall not vest until the effective  date
 3        of  that  base  period. The retirement benefits shall be calculated on the
 4        amounts, terms and conditions in effect at the date of the final contribu-
 5        tion by the member.
 6        (d)  If no base period exists for a member, the member's  average  monthly
 7        salary  shall be determined by the board, using standards not inconsistent
 8        with those established in this subsection.
 9        (e)  To assure equitable treatment  for  all  members,  salary  increments
10        inconsistent  with  usual  compensation  patterns may be disallowed by the
11        board in determining average monthly salary and base period.
12        (6)  "Beneficiary" means the person who is nominated by the written desig-
13    nation of a member, duly executed and filed with the  board,  to  receive  the
14    death benefit.
15        (7)  "Calendar  year"  means twelve (12) calendar months commencing on the
16    first day of January.
17        (8)  "Credited service" means the aggregate of membership  service,  prior
18    service and disabled service.
19        (9)  "Date  of  establishment"  means July 1, 1965, or a later date estab-
20    lished by the board or statute.
21        (10) "Death benefit" means the amount, if any, payable upon the death of a
22    member.
23        (11) "Disability retirement allowance" means the periodic payment becoming
24    payable upon an active member's ceasing to be an employee while  eligible  for
25    disability retirement.
26        (12) "Disabled" means:
27        (a)  That  the  member  is  prevented  from  engaging in any occupation or
28        employment for remuneration or profit as a result of bodily injury or dis-
29        ease, either occupational or nonoccupational in cause, but excluding  dis-
30        abilities  resulting  from  service in the armed forces of any country, or
31        from an intentionally self-inflicted injury; and
32        (b)  That the member will likely remain so disabled permanently  and  con-
33        tinuously during the remainder of the member's life.
34    It is not necessary that a person be absolutely helpless or entirely unable to
35    do anything worthy of compensation to be considered disabled. If the person is
36    so  disabled  that  substantially all the avenues of employment are reasonably
37    closed to the person, that condition is within the meaning of  "disabled."  In
38    evaluating  whether  a person is disabled, medical factors and nonmedical fac-
39    tors including, but not limited to, education, economic  and  social  environ-
40    ment, training and usable skills may be considered.
41        Refusal to submit to a medical examination ordered by the board before the
42    commencement  of  a  disability retirement allowance or at any reasonable time
43    thereafter shall constitute proof that the member is not disabled.  The  board
44    shall be empowered to select for such medical examination one (1) or more phy-
45    sicians or surgeons who are licensed to practice medicine and perform surgery.
46    The  fees  and expenses of such examination shall be paid from the administra-
47    tion account of the fund. No member shall be required to undergo such examina-
48    tion more often than once each year after he has received a disability retire-
49    ment allowance continuously for two (2) years.
50        (12A) "Disabled service" means the total number of  months  elapsing  from
51    the  first day of the month next succeeding the final contribution of a member
52    prior to receiving a disability retirement allowance to the first day  of  the
53    month  following  the date of termination of such disability retirement allow-
54    ance. During such period, the member shall remain classified in the membership
55    category held during the month of final  contribution.  The  total  number  of


                                          3

 1    months of disabled service credited for a person first becoming disabled after
 2    the  effective  date  of  this chapter shall not exceed the excess, if any, of
 3    three hundred sixty (360) over the total number of months of prior service and
 4    membership service.
 5        (13) "Early retirement allowance" means the periodic payment becoming pay-
 6    able  upon an active member's ceasing to be an  employee  while  eligible  for
 7    early retirement.
 8        (14) (A)  "Employee" means:
 9        (a)  Any  person who normally works twenty (20) hours or more per week for
10        an employer or a school  teacher  who  works  half-time  or  more  for  an
11        employer  and who receives salary for services rendered for such employer;
12        or
13        (b)  Elected officials or appointed officials of an employer who receive a
14        salary; or
15        (c)  A person who is separated from service with less than five  (5)  con-
16        secutive  months  of employment and who is reemployed or reinstated by the
17        same employer within thirty (30) days.
18        (B)  "Employee" does not include employment as:
19        (a)  A person rendering service to an employer in the capacity of an inde-
20        pendent business, trade or profession; or
21        (b)  A person whose employment with any employer does not total  five  (5)
22        consecutive months; or
23        (c)  A  person  provided  sheltered  employment  or  made-work by a public
24        employer in an employment or industries program maintained for the benefit
25        of such person; or
26        (d)  An inmate of a state institution, whether or not receiving  compensa-
27        tion for services performed for the institution; or
28        (e)  A  student  enrolled  in  an  undergraduate, graduate, or vocational-
29        technical program at and employed by a state college,  university,  commu-
30        nity college or vocational-technical center when such employment is predi-
31        cated on student status; or
32        (f)  A person making contributions to the United States civil service com-
33        mission under the United States Civil Service System Retirement Act except
34        that  a  person who receives separate remuneration for work currently per-
35        formed for an employer and the United States government may elect to be  a
36        member of the retirement system in accordance with rules of the board; or
37        (g)  A person occupying a position that does not exceed eight (8) consecu-
38        tive  months  in  a  calendar  year with a city or county when the city or
39        county has certified, in writing to the system, the position is  (i)  sea-
40        sonal  or  casual;  and  (ii)  affected by weather and the growing season,
41        including parks and golf course positions.
42        (15) "Employer" means the state of Idaho, or any political subdivision  or
43    governmental  entity,  provided such subdivision or entity has elected to come
44    into the system. Governmental entity means any organization composed of  units
45    of  government of Idaho or organizations funded only by government or employee
46    contributions or organizations who discharge governmental responsibilities  or
47    proprietary  responsibilities that would otherwise be performed by government.
48    All governmental entities are deemed to be political subdivisions for the pur-
49    pose of this chapter.
50        (15A) "Final contribution" means the final contribution made by  a  member
51    pursuant to sections 59-1331 through 59-1334, Idaho Code.
52        (16) "Firefighter" means an employee, including paid firefighters hired on
53    or  after  October 1, 1980, whose primary occupation is that of preventing and
54    extinguishing fires as determined by the rules of the board.
55        (17) "Fiscal year" means the period beginning on July 1 in  any  year  and


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 1    ending on June 30 of the next succeeding year.
 2        (18) "Fund"  means the public employee retirement fund established by this
 3    chapter.
 4        (19) "Funding agent" means any bank or banks, trust company or trust  com-
 5    panies,  legal  reserve life insurance company or legal reserve life insurance
 6    companies, or combinations thereof, any thrift institution or credit union  or
 7    any   investment  management firm or individual investment manager selected by
 8    the board to hold and/or invest the employers' and members' contributions  and
 9    pay certain benefits granted under this chapter.
10        (20) "Inactive member" means a former active member who is not an employee
11    and  is not receiving any form of retirement allowance, but for whom a separa-
12    tion benefit has not become payable.
13        (21) "Member" means an active member, inactive member or a retired member.
14        (22) "Membership service" means service with respect  to  which  contribu-
15    tions are payable under sections 59-1331 through 59-1334, Idaho Code, and mil-
16    itary service which occurs after the commencement of such contributions.
17        (23) "Military  service"  means active duty service in the armed forces of
18    the United States including the national guard and reserves, under the  provi-
19    sions  of title 10, title 32, and title 37, United States code. Provided, how-
20    ever, for the purposes of this chapter, military service SHALL NOT include:
21        (a)  Any period ended by dishonorable discharge or during  which  termina-
22        tion of such service is available but not accepted;
23        (b)  Any  period which commences more than ninety (90) days after the per-
24        son ceases to be an employee or ends more than ninety (90) days before the
25        person again becomes an employee unless such ninety (90) day  requirements
26        are  waived  by  the board due to circumstances beyond the employee's con-
27        trol; or
28        (c)  Any active duty service in excess of five (5) years if at the  conve-
29        nience  of the United States government, or in excess of four (4) years if
30        not at the convenience of the United States government.
31        (24)  (a) "Police officer" for retirement purposes shall be as defined  in
32        section 59-1303, Idaho Code.
33        (b)  "POST"  means  the Idaho peace officer standards and training council
34        established in chapter 51, title 19, Idaho Code.
35        (25) "Prior service" means any period prior to July 1, 1965,  of  military
36    service  or  of employment for the state of Idaho or any political subdivision
37    or other employer of each employee who is an active member or in military ser-
38    vice or on leave of absence on the date of establishment,  provided,  however,
39    an employee who was not an active member or in military service or on leave of
40    absence  on  the  date  of establishment shall receive credit for the member's
41    service prior to July 1, 1965, on the basis of recognizing two (2)  months  of
42    such  service for each month of membership service. For the purpose of comput-
43    ing such service, no deduction shall be made  for  any  continuous  period  of
44    absence from service or military service of six (6) months or less.
45        (26) "Regular  interest"  means interest at the rate set from time to time
46    by the board.
47        (27) "Retired member" means a former active member receiving a  retirement
48    allowance.
49        (28) "Retirement"  means  the  acceptance  of a retirement allowance under
50    this chapter upon termination of employment.
51        (29) "Retirement board" or "board" means the board provided  for  in  sec-
52    tions 59-1304 and 59-1305, Idaho Code, to administer the retirement system.
53        (30) "Retirement  system" or "system" means the public employee retirement
54    system of Idaho.
55        (31) (A)  "Salary" means:


                                          5

 1        (a)  The total salary or wages paid to a person who meets  the  definition
 2        of  employee  by an employer for  personal services performed and reported
 3        by the employer for income tax purposes, including the cash value  of  all
 4        remuneration in any medium other than cash.
 5        (b)  The  total  amount  of any voluntary reduction in salary agreed to by
 6        the member and employer where the reduction is used as an alternative form
 7        of remuneration to the member.
 8        (B)  Salary in excess of the compensation limitations set forth in section
 9    401(a)(17) of the Internal Revenue Code shall be disregarded  for  any  person
10    who becomes a member of the system on or after July 1, 1996. The system had no
11    limitations  on compensation in effect on July 1, 1993. The compensation limi-
12    tations set forth in section 401(1)(17) of the Internal Revenue Code shall not
13    apply for an "eligible employee." For purposes of this  subsection,  "eligible
14    employee" is an individual who was a member of the system before July 1, 1996.
15        (C)  "Salary" does not include:
16        (a)  Contributions by employers to employee held medical savings accounts,
17        as those accounts are defined in section 63-3022K, Idaho Code.
18        (b)  Lump  sum payments inconsistent with usual compensation patterns made
19        by the employer to the employee only upon termination from service includ-
20        ing, but not limited to,  vacation  payoffs,  sick  leave  payoffs,  early
21        retirement incentive payments and bonuses.
22        (32) "Separation benefit" means the amount, if any, payable upon or subse-
23    quent to separation from service.
24        (33) "Service"  means  being shown on an employer's payroll as an employee
25    receiving a salary. Service of fifteen (15) days or more during  any  calendar
26    month  shall be credited as one (1) month of service. Service of fourteen (14)
27    days or less during any calendar month shall not be credited. No more than one
28    (1) month of service shall be credited for all service in any month.
29        (34) "Service retirement allowance" means the  periodic  payment  becoming
30    payable  upon  an active member's ceasing to be an employee while eligible for
31    service retirement.
32        (35) "State" means the state of Idaho.
33        (36) "Vested retirement allowance" means  the  periodic  payment  becoming
34    payable upon an inactive member's becoming eligible for vested retirement.
35        (37) The masculine pronoun, wherever used, shall include the feminine pro-
36    noun.

37        SECTION  2.  That  Section 59-1342, Idaho Code, be, and the same is hereby
38    amended to read as follows:

39        59-1342.  COMPUTATION OF SERVICE RETIREMENT ALLOWANCES  --  MINIMUM  BENE-
40    FITS.  (1) The annual amount of accrued retirement allowance for each month of
41    credited service for which a member was not classified as a police  member  or
42    firefighter shall equal one and two-thirds  per cent   percent
43      (1 2/3%)  of the member's average monthly salary. Effective October 1,
44    1992, the annual amount of accrued retirement allowance for  all  service  for
45    which  a  member  was  not  classified as a police member or firefighter shall
46    equal one and seventy-five hundredths   per  cent      percent
47      (1.75%)  of  the member's average monthly salary; effective October 1,
48    1993, the annual amount of accrued retirement allowance shall  equal  one  and
49    eight  hundred  thirty-three  thousandths   per cent   percent
50     (1.833%) of the member's  average  monthly  salary;    and  
51    effective  October  1, 1994, the annual amount of accrued retirement allowance
52    shall equal one and nine hundred seventeen thousandths  per  cent  
53      percent    (1.917%) of the member's average monthly salary ;


                                          6

 1    and effective August 1, 1998, the annual amount of accrued  retirement  allow-
 2    ance  shall  equal  two  percent  (2%)  of the member's average monthly salary
 3    . Entitlement to an annual amount of accrued retirement allowance  shall
 4    not  vest until the effective date of that annual amount of accrued retirement
 5    allowance. The retirement benefits shall be calculated on the  amounts,  terms
 6    and  conditions in effect on the date of the final contribution by the member.
 7    The annual amount of initial service retirement allowance  of  such  a  member
 8    shall equal (a) or (b), whichever is greater:
 9        (a)  the member's accrued retirement allowance; or
10        (b)  five  dollars  ($5.00) multiplied by the number of months of credited
11        service and by the bridging factor, as provided in section 59-1355,  Idaho
12        Code,  between  July  1,  1974  and  the  first of the month following the
13        member's final contribution.
14        (2)  The annual amount of accrued retirement allowance for each  month  of
15    credited service for which a member was classified as a police member or fire-
16    fighter shall equal two  per cent   percent  (2%) of the
17    member's  average monthly salary. Effective October 1, 1992, the annual amount
18    of accrued retirement allowance for all service for which a member was classi-
19    fied as a police member or firefighter shall equal two and seventy-five  thou-
20    sandths    per  cent   percent  (2.075%) of the member's
21    average monthly salary; effective  October  1,  1993,  the  annual  amount  of
22    accrued  retirement allowance shall equal two and fifteen hundredths  per
23    cent   percent  (2.15%) of the member's average monthly  sal-
24    ary;   and  effective October 1, 1994, the annual amount of accrued
25    retirement allowance shall equal two and two hundred  twenty-five  thousandths
26      per  cent    percent  (2.225%) of the member's average
27    monthly salary ; and effective August  1,  1998,  the  annual  amount  of
28    accrued  retirement  allowance shall equal two and three-tenths percent (2.3%)
29    of the member's average monthly salary . Entitlement to an annual amount
30    of accrued retirement allowance shall not vest until  the  effective  date  of
31    that  annual  amount of accrued retirement allowance.  The retirement benefits
32    shall be calculated on the amounts, terms and conditions in effect on the date
33    of the final contribution by the member. The annual amount of initial  service
34    retirement  allowance  of  such  a member shall equal (a) or (b), whichever is
35    greater:
36        (a)  the member's accrued retirement allowance; or
37        (b)  six dollars ($6.00) multiplied by the number of  months  of  credited
38        service  and by the bridging factor, as provided in section 59-1355, Idaho
39        Code, between July 1, 1974 and  the  first  of  the  month  following  the
40        member's final contribution.
41        (3)  Provisions of this section shall be applicable to members and contin-
42    gent  annuitants of the retirement system and to members, annuitants and bene-
43    ficiaries of the teachers and city systems. In any recomputation of an initial
44    retirement allowance for a person not making a final  contribution  subsequent
45    to  1974,  the bridging factor referred to in subsections (1) and (2) shall be
46    1.000. Any recomputed retirement allowance shall be payable only prospectively
47    from July 1, 1974.
48        (4)  Benefits payable to a person who became a member  prior  to  July  1,
49    1974,  or  to  the  member's beneficiaries shall never be less than they would
50    have received under this chapter as in effect on June 30, 1974; provided, how-
51    ever, that the member shall have accrued the amount of  accumulated  contribu-
52    tions required thereby prior to payment of an initial retirement allowance.
53        (5)  If the majority of a member's credited service is as an elected offi-
54    cial or as an appointed official, except as a member of the Idaho legislature,
55    and  that official  was normally in the administrative offices of the employer


                                          7

 1    less than twenty (20) hours per week during the term of office,  or  was  nor-
 2    mally  not  required  to  be  present  at  any particular work station for the
 3    employer twenty (20) hours per week or more during the  term  of  office,  and
 4    that  member's  initial service retirement allowance for service credited only
 5    during that period would be computed under subsection (1)(b) and/or (2)(b)  of
 6    this  section,  without  consideration  of any other credited service, then it
 7    will be so computed for that period of service. If that  member  has  credited
 8    service  from  any  other employment, the accrued service retirement allowance
 9    for the credited service from such other employment shall be computed from  an
10    average  monthly  salary  for  salary received during the period of such other
11    employment. The initial service retirement allowance of members of  the  Idaho
12    legislature  will be computed under subsection (1) and/or (2) of this section,
13    on the basis of their total months of credited service.
14        (6)  In no case, however, will a member's initial service retirement bene-
15    fit be equal to more than the member's accrued benefit as of May 1,  1990,  or
16    one  hundred  per cent   percent  (100%) of the member's
17    average compensation for the three (3) consecutive years of  employment  which
18    produce the greatest aggregate compensation, whichever is greater. If the ben-
19    efit  is  calculated to exceed one hundred  per cent   percent
20     (100%) of the member's average compensation, the member shall be eligi-
21    ble for and may choose either:
22        (a)  an annual service retirement allowance equal to the member's  average
23        annual  compensation  for  the  three  (3) consecutive years of employment
24        which produced the greatest aggregate compensation; or
25        (b)  a separation benefit.
26        (7)  The annual amount of initial service retirement allowance of a member
27    who is over age seventy (70) on the effective date of the member's  retirement
28    shall  be  a  percentage of the member's initial service retirement allowance.
29    Such percentage shall be one hundred    per  cent      percent
30      (100%)  increased  as  determined  by the board to compensate for each
31    month that the member's retirement is deferred beyond age seventy (70).
32        (8)  A member's accrued retirement allowance,  as  otherwise  provided  in
33    subsections (1), (2), (3), (4) and (5) of this section, shall not be less than
34    the  minimum  accrued  retirement  allowance  provided in this subsection. The
35    determination of the initial service retirement allowance provided in  subsec-
36    tions  (1)  and  (2) of this section, and the application of the provisions in
37    subsections (6) and (7) of this section, will be made after the  determination
38    of the minimum accrued retirement allowance provided in this subsection.
39        This  subsection shall apply to members who have at least two (2) separate
40    periods of employment covered under this chapter where each separate period of
41    employment would otherwise be eligible for a separation benefit  described  in
42    section  59-1359, Idaho Code. For purposes of this subsection, if a separation
43    of employment occurs that does not  exceed  sixty  (60)  consecutive  calendar
44    months then the member's period of employment shall be considered a continuous
45    period  of employment. For purposes of this subsection, date of last contribu-
46    tion is the date of final contribution for each period or periods  of  employ-
47    ment.
48        For  each  separate period of employment considered under this subsection,
49    the member must not have received a separation benefit for that period, or  if
50    he  has  received such a separation benefit under section 59-1359, Idaho Code,
51    he must have completed reinstatement of all previous credited service  associ-
52    ated  with  all separation benefits for all periods of employment as permitted
53    under section 59-1360, Idaho Code.
54        The minimum accrued retirement allowance shall be  equal  to  the  largest
55    accrued    retirement  allowance  calculated at each date of last contribution


                                          8

 1    based upon the benefit and eligibility provisions in effect as of the date  of
 2    the last contribution made during such separate period of employment. For pur-
 3    poses  of  determining  the accrued retirement allowance for each date of last
 4    contribution:
 5        (a)  the member must have at least sixty (60) months of  credited  service
 6        at the date of last contribution;
 7        (b)  the  member's  months  of credited service and average monthly salary
 8        are determined based  soley   solely  on all periods
 9        of employment up to that date of last contribution, ignoring later periods
10        of employment; and
11        (c)  the accrued retirement allowance computed for each period  is  multi-
12        plied  by  the  bridging  factor  as provided in section 59-1355(3), Idaho
13        Code, between the date of the last contribution made during that  separate
14        period  of employment and the date of the member's final contribution made
15        during the last period of employment prior to retirement.

16        SECTION 3.  That Section 59-1346, Idaho Code, be, and the same  is  hereby
17    amended to read as follows:

18        59-1346.  COMPUTATION  OF  EARLY  RETIREMENT  ALLOWANCES.  (1)  The annual
19    amount of initial early retirement allowance of a member shall be a percentage
20    of the member's accrued retirement allowance. Such  percentage  shall  be  one
21    hundred  percent  (100%) if the sum of the number of years and months of cred-
22    ited service and the age in years and months is equal to or greater  than  the
23    sum  indicated  below. Otherwise, such percentage shall be one hundred percent
24    (100%) reduced by one-fourth of one percent (.25%) for each month up to  sixty
25    (60) months that the member's retirement precedes the date the member would be
26    eligible  to receive full accrued benefit without additional credited service,
27    and further reduced by two-thirds of one percent (.6667%) for each  additional
28    month.   Effective  October 1, 1992, the further reduction for each additional
29    month shall equal six thousand and forty-two ten-thousandths  of  one  percent
30    (.6042%)  of  the  member's average monthly salary; effective October 1, 1993,
31    the further reduction for each additional month shall equal five thousand four
32    hundred and seventeen ten-thousandths of one percent (.5417%) of the  member's
33    average  monthly  salary;  and  effective October 1, 1994, the fur-
34    ther reduction for each additional month shall equal four thousand seven  hun-
35    dred  and  ninety-two  ten-thousandths of one percent (.4792%) of the member's
36    average monthly salary ; and effective August 1, 1998, the further reduc-
37    tion for each additional month shall  equal  four  thousand  one  hundred  and
38    sixty-seven  ten-thousandths  of  one percent (.4167%) of the member's average
39    monthly salary .  Entitlement to an annual amount of accrued  retirement
40    allowance  shall  not  vest  until the effective date of that annual amount of
41    accrued retirement allowance.  The retirement benefits shall be calculated  on
42    the amounts, terms and conditions in effect at the date of the final contribu-
43    tion by the member.
44         If a member's service retire-         Then the sum of the member's
45        ment ratio as defined by section       credited service and age must be
46            59-1341, Idaho Code, is:             equal to or greater than:
47                 0.000 to 0.050                             90
48                 0.051 to 0.150                             89
49                 0.151 to 0.250                             88
50                 0.251 to 0.350                             87
51                 0.351 to 0.450                             86
52                 0.451 to 0.550                             85
53                 0.551 to 0.650                             84


                                          9

 1                 0.651 to 0.750                             83
 2                 0.751 to 0.850                             82
 3                 0.851 to 0.950                             81
 4                 0.951 to 1.000                             80.
 5        (2)  If the majority of a member's credited service is as an elected offi-
 6    cial or as an appointed official, except as a member of the Idaho legislature,
 7    and  that  official was normally in the administrative offices of the employer
 8    less than twenty (20) hours per week during the term of office,  or  was  nor-
 9    mally  not  required  to  be  present  at  any particular work station for the
10    employer twenty (20) hours per week or more during the term  of  office,  that
11    member's  accrued  retirement  allowance for service credited only during that
12    period shall be computed from an average monthly salary  for  salary  received
13    during  that  period  of  such employment only. The initial service retirement
14    allowance of members of the Idaho legislature will be computed under the  pro-
15    visions  of  this section, on the basis of their total months of credited ser-
16    vice.
17        (3)  If that member has credited service from any  other  employment,  the
18    accrued  retirement allowance for the credited service from such other employ-
19    ment shall be computed from an average monthly salary for salary received dur-
20    ing the period of such other employment.

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                               RS 07944C2
    
    This legislation provides a benefit enhancement in the Idaho 
    Public Employee Retirement System (PEPSI) to bring the system's 
    retirement equity close to the average of other western states. To 
    do so it amends Section 59-1302, Idaho Code, to adopt an 
    adjustment in computation of calendar months for base period; 
    modifies early retirement reductions in Idaho Code 59-1346; and 
    amends Section 59-1342, to adopt a rate adjustment in computation 
    of service retirement allowance. These modifications are 
    appropriate at this time as the basic amortization of unfunded 
    liability is now 2 years, with 96% fully funded. This is a 
    significant reduction from the acturarial determination of 22 
    years of unfunded liability in 1994 and so represents optimal 
    conditions for the legislative intent of this bill.
    
    With COLA increases for retirees and the present rebate included, 
    the amortization of unfunded liability increases from 2 to 3.4 
    years. The intent is that the employee and employer's contribution 
    rates not be increased above their normal rates. The effective 
    date will be August 1, 1998, which will affect those who retire on 
    or after September 1, 1998.
    
                               FISCAL NOTE
    
    This bill would increase the normal cost of the PERSI system by 
    .82% pay, from 14.95% to 15.77%. In addition, the unfunded 
    acturarial liability (UAL) would increase by $211.9 million, to 
    $423.2 million. To pay for this increase it is intended that the 
    contribution rates of public employees and the employer rate not 
    be increased above their normal rates.
    
    The effect is an increase in amortization of the unfunded 
    liability by 6.3 years--that is, from 3.4 years to 9.7 years. 
    These numbers are based on June 30, 1997, valuations, which 
    could impact positively or negatively, based on fiscal year 1998 
    investment performance.CONTACT: Representative Maynard Miller 
    Senator John Andreason 
    208-332-1000
    
    H 730