2002 Legislation
Print Friendly

SENATE BILL NO. 1453 – PERSI member, purchase service

SENATE BILL NO. 1453

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1453......................................................by STATE AFFAIRS
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends and adds to existing law to
provide that an active member who is vested may purchase up to forty-eight
months of membership service that does not qualify as past public service;
to provide that an active member who is vested may purchase past service
earned as a public employee in another state; to provide for proof of
service; to provide for cost of the purchase and to provide method of
payment; and to provide that if the purchase has not completed purchase at
the time of retirement, the first benefits from the Public Employee
Retirement System shall be applied to pay the amount due.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1453
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  59-1363,
  3        IDAHO CODE, TO PROVIDE THAT AN ACTIVE MEMBER WHO IS VESTED MAY PURCHASE UP
  4        TO  FORTY-EIGHT MONTHS OF MEMBERSHIP SERVICE THAT DOES NOT OTHERWISE QUAL-
  5        IFY AS PAST PUBLIC EMPLOYEE SERVICE; AMENDING CHAPTER 13, TITLE 59,  IDAHO
  6        CODE,  BY  THE  ADDITION  OF A NEW SECTION 59-1364, IDAHO CODE, TO PROVIDE
  7        THAT AN ACTIVE MEMBER WHO IS VESTED MAY PURCHASE PAST SERVICE EARNED AS  A
  8        PUBLIC EMPLOYEE IN ANOTHER STATE, TO PROVIDE FOR PROOF OF SERVICE, TO PRO-
  9        VIDE FOR COST OF PURCHASES, TO PROVIDE HOW PURCHASE OF PAST SERVICE MAY BE
 10        MADE  AND  TO  PROVIDE  IF THE PURCHASER HAS NOT COMPLETED PURCHASE AT THE
 11        TIME OF RETIREMENT, THE FIRST BENEFITS FROM THE PUBLIC EMPLOYEE RETIREMENT
 12        SYSTEM SHALL BE APPLIED TO PAY THE AMOUNT DUE.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 59-1363, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        59-1363.  PURCHASE  OF  MEMBERSHIP SERVICE OTHER THAN PAST PUBLIC EMPLOYEE
 17    SERVICE. (1) Notwithstanding any other provision of this  chapter,  an  active
 18    member  who is vested may purchase up to forty-eight (48) months of membership
 19    service that does not otherwise qualify as past  public  employee  service  as
 20    specified in section 59-1364, Idaho Code.
 21        (2)  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        (3)  In  no event shall any member be allowed to purchase in the aggregate
 28    more than forty-eight (48) months  of  membership  service  whether  purchased
 29    under  this  section or any other provision authorizing purchase of membership
 30    service.
                                                                        
 31        SECTION 2.  That Chapter 13, Title 59, Idaho Code, be,  and  the  same  is
 32    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 33    ignated as Section 59-1364, Idaho Code, and to read as follows:
                                                                        
 34        59-1364.  PURCHASE OF PAST PUBLIC EMPLOYEE MEMBERSHIP  SERVICE.  (1)  Not-
 35    withstanding  any  other  provision  of  this chapter, an active member who is
 36    vested may purchase past service earned as a public employee in another state.
 37    Proof of such service shall be in accordance with the requirements established
 38    by the board.
 39        (2)  The cost of purchases under this section shall be calculated as  fol-
 40    lows:  for  each  year  of  purchase, the actual salary of the employee in the
 41    final year of employment in the other state times the combined Idaho contribu-
                                                                        
                                           2
                                                                        
  1    tion rate for the employer and employee at the time past service is  purchased
  2    plus compound interest at the rate of five percent (5%) per annum.
  3        (3)  Purchase  of  past service under this section may be made in cash, in
  4    the form of a deduction from salary to be transmitted to the board  in  accor-
  5    dance  with section 59-1325, Idaho Code, or the board may accept a transfer of
  6    funds from a plan qualified under section 401(a),  403(b),  401(k),  or  other
  7    similar  sections  of  the Internal Revenue Code in full or partial payment of
  8    the amount required to purchase the credited service.
  9        (4) If the purchaser has not completed such payment at time of retirement,
 10    the first benefits from the public employee retirement system shall be applied
 11    to pay the balance of the amount due; and thereafter the full  benefits  shall
 12    be payable.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE
                          RS 12027
                              
This measure provides the opportunity for active public employees
who are vested in the Public Employee Retirement System of Idaho
(PERSI) to purchase years of public service earned as an employee
in another state. Proof of such service will be in accordance
with requirements established by the PERSI Board. A formula for
determining the cost of each year of service to be purchased is
provided, as are payment options. Finally, if the full cost of
such a purchase has not been completely met by the time of
retirement, the first benefits from PERSI received by the
employee will be applied to the balance due.



                        FISCAL IMPACT
                              
This bill may or may not create a fiscal impact upon the PERSI
fund. It is not possible to determine a total fiscal impact for
two reasons. First, we do not know how many people have service
in another state who potentially will take advantage of this
purchase opportunity. Second, the particular demographics of each
individual (age, service, salary, time from the other service,
etc.) may or may not create a situation that would increase the
PERSI liabilities. In a particular scenario, the actuary
estimates the employee would pay from 23 percent up to 157
percent of the true actuarial cost. In this case, depending upon
certain factors, the PERSI system would most likely sustain a
loss; however, it could obtain a gain, depending upon the
circumstances. The funding of this benefit would be a gain or
loss to the unfunded liability each year, rather than funded
explicitly through the contribution rate.


Contact
Name:  Jim Shackelford, Idaho Education Association
Phone: 208-344-1341
      


STATEMENT OF PURPOSE/FISCAL NOTE                    S 1453