2002 Legislation
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HOUSE BILL NO. 414 – PERSI,inactive member/purchase serv

HOUSE BILL NO. 414

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Daily Data Tracking History



H0414........................................................by MR. SPEAKER
         Requested by: Public Employee Retirement System of Idaho
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the
Public Employee Retirement System to allow inactive members who are vested
to purchase membership in the Public Employee Retirement System for active
duty service in the armed forces of the United States; and to provide that
an inactive member who is vested may purchase up to forty-eight months of
membership service.
                                                                        
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Com/HuRes
01/16    Rpt out - rec d/p - to 2nd rdg
01/17    2nd rdg - to 3rd rdg
01/18    3rd rdg - PASSED - 60-1-9
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman,
      Smith(33), Smylie, Stone, Tilman, Trail, Wood, Young, Mr. Speaker
      NAYS -- Hammond
      Absent and excused -- Crow, Gagner, Kellogg, Pischner, Ridinger,
      Shepherd, Smith(23), Stevenson, Wheeler
    Floor Sponsor - McKague
    Title apvd - to Senate
01/21    Senate intro - 1st rdg - to Com/HuRes
01/25    Rpt out - rec d/p - to 2nd rdg
01/28    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Brandt, Ipsen, Sims
    Floor Sponsor - Hill
    Title apvd - to House
01/30    To enrol
01/31    Rpt enrol - Sp signed
02/01    Pres signed
02/04    To Governor
02/05    Governor signed
         Session Law Chapter 9
         Effective: 07/01/02

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 414
                                                                        
                                       BY MR. SPEAKER
                  Requested by: Public Employee Retirement System of Idaho
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  59-1362,
  3        IDAHO  CODE,  TO ALLOW INACTIVE MEMBERS WHO ARE VESTED TO PURCHASE MEMBER-
  4        SHIP FOR ACTIVE DUTY SERVICE IN THE ARMED FORCES OF THE UNITED STATES; AND
  5        AMENDING SECTION 59-1363, IDAHO CODE, TO PROVIDE THAT AN  INACTIVE  MEMBER
  6        WHO IS VESTED MAY PURCHASE UP TO FORTY-EIGHT MONTHS OF MEMBERSHIP SERVICE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 59-1362, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        59-1362.  PURCHASE OF ACTIVE DUTY SERVICE IN THE ARMED  FORCES.  (1)  Not-
 11    withstanding any other provision of this chapter, an active or inactive member
 12    who  is  vested may purchase membership service for active duty service in the
 13    armed forces of the United States that does not qualify for "military service"
 14    as defined in section 59-1302(23), Idaho Code. Provided, the  combined  amount
 15    of membership service acquired under section 59-1302(23), Idaho Code, and pur-
 16    chased under this section shall not exceed forty-eight (48) months.
 17        (2)  Purchases  under  this section are limited to active or inactive mem-
 18    bers who provide, as required by the board, evidence of such active duty  ser-
 19    vice  and  who  do not have a vested right to retirement benefits in any other
 20    retirement system based in whole or in part upon the same active duty service.
 21        (3)  The cost of purchases under this section shall be the full  actuarial
 22    costs  of  the  service  as determined by the board. The board may provide for
 23    payment options, including periodic payments, but no service shall be credited
 24    until payment has been made in full. The member shall  be  solely  responsible
 25    for  the costs of such purchased service, except that an employer may partici-
 26    pate in the costs at its option.
 27        (4)  For purposes of this section,  "active  duty  service  in  the  armed
 28    forces  of  the  United  States"  means  active duty, other than primarily for
 29    training purposes, in the army, navy, air force, marine corps or coast  guard,
 30    concluding with other than a dishonorable discharge.
                                                                        
 31        SECTION  2.  That  Section 59-1363, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        59-1363.  PURCHASE OF MEMBERSHIP SERVICE. (1)  Notwithstanding  any  other
 34    provision of this chapter, an active or inactive member who is vested may pur-
 35    chase up to forty-eight (48) months of membership service.
 36        (2)  The  cost of purchases under this section shall be the full actuarial
 37    costs of the service as determined by the board. The  board  may  provide  for
 38    payment options, including periodic payments, but no service shall be credited
 39    until  payment  has  been made in full. The member shall be solely responsible
 40    for the costs of such purchased service, except that an employer may  partici-
 41    pate in the costs at its option.
                                                                        
                                           2
                                                                        
  1        (3)  In  no event shall any member be allowed to purchase in the aggregate
  2    more than forty-eight (48) months  of  membership  service  whether  purchased
  3    under  this  section or any other provision authorizing purchase of membership
  4    service.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 11410

In 2000, the Legislature passed two bills authorizing the purchase of 
service in the PERSI Base Plan.  Those bills added two new sections, 
Idaho Code sections 59-1362 and 59-1363.  Both sections restricted 
purchases to active members and authorized the Retirement Board to 
determine how purchases would be made. 
Because of the difficulties in accurately determining the cost of 
service credit prior to retirement, the Board has adopted rules that 
permit purchases only at the time of retirement.  This means that 
purchases will generally be made with other retirement savings, a 
method made even more attractive with the recent passage of the 
Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), 
permitting purchases with 457 and 403 (b) plan proceeds.  Because of 
the methods adopted by the Board, there is no longer a need to 
restrict purchases to active members only.  Inactive members could 
also take advantage of this opportunity if it fits their individual 
circumstances. 
This bill amends Idaho Code section 59-1362 and 59-1363 to 
authorize purchase of service by both active and inactive members.
                           
                            FISCAL NOTE

None

Contact:  Alan H. Winkle
Agency:   PERSI 
Phone:    334-2451 

STATEMENT OF PURPOSE/FISCAL NOTE              H0414