2003 Legislation
Print Friendly

SENATE BILL NO. 1083 – PERSI/extraordinary gains/firefghtr

SENATE BILL NO. 1083

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



S1083..........................................by COMMERCE AND HUMAN RESOURCES
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to
extraordinary gains in the Public Employee Retirement System to provide a
specific application for the allocation to employers of paid firefighters.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1083
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EXTRAORDINARY GAINS IN  THE  PUBLIC  EMPLOYEE  RETIREMENT  SYSTEM;
  3        AMENDING  SECTION  59-1309,  IDAHO CODE, TO PROVIDE A SPECIFIC APPLICATION
  4        FOR THE ALLOCATION TO EMPLOYERS OF PAID FIREFIGHTERS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 59-1309, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        59-1309.  ALLOCATION OF EXTRAORDINARY GAINS. (1) At the close of each fis-
  9    cal  year, the board shall determine whether the fund has experienced extraor-
 10    dinary gains. If extraordinary gains exist the board may allocate all or  part
 11    of  them  as  set forth in this section.  In determining whether extraordinary
 12    gains should be allocated, the board shall exercise its fiduciary discretion.
 13        (2)  Extraordinary gains are defined as the excess, if any, at  the  close
 14    of  the  fiscal year of plan assets over the plan's accrued actuarially deter-
 15    mined liabilities plus a sum necessary to absorb a one (1) standard  deviation
 16    market  event  without  increasing  contribution  rates,  as determined by the
 17    board.
 18        (3)  If the board determines that extraordinary gains should be allocated,
 19    the gains shall be allocated to retirees, to active members, and to  employers
 20    in  such  proportion  as determined by the board. The board shall determine no
 21    later than the first day of December following the close of  the  fiscal  year
 22    the amount of extraordinary gains to be allocated, if any.
 23        (4)  Retirees  shall  receive  their  allocation in the form of a one-time
 24    payment made in addition to their regular monthly benefit payments.  For  pur-
 25    poses of this section, "retirees" include retired members, members receiving a
 26    disability  retirement allowance, contingent annuitants, and surviving spouses
 27    who elected the annuity option under section 59-1361(5), Idaho Code.  To  par-
 28    ticipate  in  the  retiree  allocation,  a retiree must be receiving a regular
 29    monthly allowance at the close of the fiscal year and on the date of distribu-
 30    tion. The retiree allocation shall be distributed proportionally based on  the
 31    final  monthly retirement allowance of the fiscal year divided by the total of
 32    all monthly retirement allowances paid for the same month. The date of distri-
 33    bution shall be no later than the first day of February following the close of
 34    the fiscal year.
 35        (5)  Active members shall receive their allocation as a transfer of  funds
 36    to  a  supplemental  retirement account established by the board. Funds trans-
 37    ferred to or held in supplemental retirement accounts shall be  accounted  for
 38    separately and shall not be considered in determining any other benefits under
 39    this  chapter. To participate in the active member allocation, the member must
 40    have been an active member on the last day of the fiscal year and have accrued
 41    at least twelve (12) months of service on that date. Any member who has  with-
 42    drawn  contributions from the fund prior to the date of transfer is not eligi-
 43    ble to receive a transfer under this section.  The  active  member  allocation
                                                                        
                                           2
                                                                        
  1    shall  be distributed proportionally based on accumulated contributions at the
  2    close of the fiscal year divided by the total accumulated contributions of all
  3    active members at the close of the fiscal year, not to exceed the amount  that
  4    would result by applying the limits imposed by rule or by section 415(c)(1) of
  5    the  Internal  Revenue Code to compensation earned during the fiscal year. The
  6    transfer of funds shall occur in the following calendar year but shall be sub-
  7    ject to reduction and forfeiture, based on the application of  limits  imposed
  8    by rule or by section 415 of the Internal Revenue Code for that year.
  9        (6)  Employers  shall  receive their allocation as a credit against future
 10    contributions required by section 59-1325, Idaho Code, except as  provided  in
 11    subsection  (7) of this section. Credits are not available to any employer who
 12    has withdrawn from participation in the fund prior to the transfer  date.  The
 13    employer allocation shall be credited proportionally based on employer contri-
 14    bution  liability  accrued  during  the  fiscal  year  as  provided in section
 15    59-1322, Idaho Code, divided by the total employer contribution liability  for
 16    the  fiscal year. The credits shall be established no later than the first day
 17    of February following the close of the  fiscal  year.  The  credits  shall  be
 18    applied  thereafter  in  the same manner as provided in section 59-1325, Idaho
 19    Code, until exhausted, except as provided in subsection (7) of  this  section.
 20    If,  after  twelve  (12) months of remittances, an employer's credits have not
 21    been exhausted, and the employer has not withdrawn from participation  in  the
 22    fund,  the  value  of the remaining credits shall carry over to the next year,
 23    together with an interest payment equal to regular interest on  the  remaining
 24    credits.
 25        (7)  Before  applying  credits to employers who are required to pay excess
 26    costs related to the firefighters' retirement fund,  as  provided  in  section
 27    59-1394, Idaho Code, the board shall determine the funding status of the fire-
 28    fighters' retirement fund at the end of the same fiscal year used to determine
 29    the existence of extraordinary gains. If the board determines that an unfunded
 30    liability  exists in the firefighters' retirement fund at that time, a portion
 31    of the credits of such employers shall not be credited against future  contri-
 32    butions  required by section 59-1325, Idaho Code, but shall be retained by the
 33    board and considered a contribution toward excess costs of  the  firefighters'
 34    retirement  fund.  The portion of the credit to be contributed to excess costs
 35    will be determined by dividing the employer's  annual  contribution  liability
 36    under  section  59-1393(3),  Idaho Code, by the employer's annual contribution
 37    liability used for purposes of subsection (6) of this section,  multiplied  by
 38    the  amount of the employer's gain sharing allocation, and divided by two (2).
 39    In the event the amount of extraordinary gains allocated by the board pursuant
 40    to subsection (1) of this section is greater than five  percent  (5%)  of  the
 41    plan's accrued actuarially determined liabilities plus one (1) standard devia-
 42    tion,  as  determined by the board in subsection (2) of this section, then the
 43    portion of the credit to be contributed to excess costs will be determined  by
 44    dividing  the  employer's annual contribution liability for all employees sub-
 45    ject to excess cost contributions under section 59-1394, Idaho  Code,  by  the
 46    employer's  annual  total contribution liability for all employees, multiplied
 47    by the amount of the employer's gain sharing allocation. This  application  of
 48    credits does not otherwise affect the employer's contribution obligations.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                                
                           RS 12905C1
                                
In 1980, the existing underfunded Firefighters  Retirement Fund
was merged into PERSI. The benefits received by FRF participants
are paid from FRF and PERSI funds. Most of the firefighters.
covered under FRF are now retired.

In 1999, PERSI was restructured and the concept of gain sharing
among active employees, retirees and employers was approved by
the legislature. The employer portion is held by PERSI as a
credit against future required contributions. This legislation
would allow FRF employers to make supplemental contributions to
the FRF from the employer s gain sharing funds. If the PERSI
board determines that the fund has experienced extraordinary
gains, and that gain sharing will occur pursuant to Idaho Code
59-1394 (1), it will compute the portion of the gain to be
allocated that relates to FRF employers  firefighter personnel
according to a formula and transfer the funds to FRF as a
supplemental contribution.



FISCAL IMPACT

No impact to the state general fund. Additional contributions in
years when gain sharing does occur will reduce the unfunded
liability in the FRF fund.










Contact:
Name: Sen. Hal Bunderson
Phone: 332-1330
Name: Steve Purvis
Agency: City of Boise
Phone: 384-3733

STATEMENT OF PURPOSE/FISCAL IMPACT                    S 1083