2004 Legislation
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SENATE BILL NO. 1258 – PERSI, firefighters, contributions

SENATE BILL NO. 1258

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Bill Status



S1258.......................................by COMMERCE AND HUMAN RESOURCES
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law to revise
provisions relating to the calculation and remittance of certain
firefighter retirement contributions to the Public Employee Retirement
System Board; to revise provisions relating to the measurement and
determination of the average paid salary or wage or individual
firefighter's salary or wage; and to revise provisions relating to the
remittance of pension fund contributions by cities and fire districts.
                                                                        
01/30    Senate intro - 1st rdg - to printing
02/02    Rpt prt - to Com/HuRes
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Richardson
    Floor Sponsor - Compton
    Title apvd - to House
02/25    House intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 59-0-11
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Black, Block,
      Boe, Bolz, Bradford, Cannon, Clark, Collins, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jones, Kellogg, Kulczyk, Lake,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Bedke, Bell, Campbell, Crow, Jaquet, Moyle,
      Raybould, Ridinger, Roberts, Stevenson, Mr. Speaker
    Floor Sponsor - Naccarato
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 295
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1258
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING  SECTION  72-1431,
  3        IDAHO  CODE,  TO  REVISE  PROVISIONS RELATING TO THE REMITTANCE OF CERTAIN
  4        FIREFIGHTER RETIREMENT CONTRIBUTIONS TO  THE  PUBLIC  EMPLOYEE  RETIREMENT
  5        SYSTEM BOARD, TO PROVIDE FOR THE CALCULATION OF THE AVERAGE PAID SALARY OR
  6        WAGE OR THE INDIVIDUAL FIREFIGHTER'S SALARY OR WAGE BY THE DIRECTOR OF THE
  7        PUBLIC  EMPLOYEE  RETIREMENT  SYSTEM, TO REVISE PROVISIONS RELATING TO THE
  8        DIRECTOR'S NOTIFICATION TO CITIES AND FIRE DISTRICTS REGARDING THE  AMOUNT
  9        OF  CONTRIBUTIONS  TO  BE  COLLECTED  AND  TO MAKE A TECHNICAL CORRECTION;
 10        AMENDING SECTION 72-1432, IDAHO CODE, TO CLARIFY  PROVISIONS  RELATING  TO
 11        THE  REMITTANCE  OF  CERTAIN PENSION FUND CONTRIBUTIONS BY CITIES AND FIRE
 12        DISTRICTS TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM BOARD, TO REVISE PROVI-
 13        SIONS RELATING TO THE MEASUREMENT AND DETERMINATION OF  THE  AVERAGE  PAID
 14        SALARY  OR WAGE OR INDIVIDUAL FIREFIGHTER'S SALARY OR WAGE, TO REVISE PRO-
 15        VISIONS RELATING TO THE REMITTANCE OF PENSION FUND CONTRIBUTIONS BY CITIES
 16        AND FIRE DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS; AND TO  PROVIDE  FOR
 17        THE  CALCULATION  OF THE INITIAL AVERAGE PAID SALARY OR WAGE OR INDIVIDUAL
 18        FIREFIGHTER'S SALARY OR WAGE FOR A DESIGNATED TWELVE MONTH PERIOD OF TIME.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 72-1431, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        72-1431.  CONTRIBUTION  FROM  FIREFIGHTERS -- MANNER OF COLLECTION. Begin-
 23    ning October 1, 1978, there is hereby levied upon and shall  be  paid  to  the
 24    public  employee  retirement  system board, in addition to other provisions of
 25    payment to the board, a contribution from each paid  firefighter  establishing
 26    the  right  to  benefits  under  the provisions of chapter 14, title 72, Idaho
 27    Code, as follows:
 28        (a)  For a paid firefighter who selected Option I, as provided in  section
 29    72-1434,  Idaho Code, the contribution shall be equal to eleven and forty-five
 30    one hundredths percent (11.45%) of the average paid  firefighter's  salary  or
 31    wage in the state;
 32        (b)  For a paid firefighter who selected Option II, as provided in section
 33    72-1434,  Idaho Code, the contribution shall be equal to eleven and forty-five
 34    one hundredths percent (11.45%) of his individual salary or wage.
 35        The contribution shall be collected  by  the  employer  by  deducting  the
 36    amount of the contribution from the fireman's firefighter's wages or salary as
 37    and  when  paid.  The contribution shall be payable to the board by the end of
 38    the succeeding payroll period, and shall be remitted to the  retirement  board
 39    by the city or fire district employing the paid firefighter no later than five
 40    (5)  days after each pay date. The average paid salary or wage or the individ-
 41    ual firefighter's  salary or wage, shall be determined calculated annually  on
 42    October  1  no  later  than the first day of September by the director, in the
 43    manner prescribed in section 72-1432, Idaho Code.,  from  the  payroll  period
                                                                        
                                           2
                                                                        
  1    reports  submitted  to him on or before September 1 by the cities or fire dis-
  2    tricts; after determining the amount to be collected from each paid firefight-
  3    er as herein set out, tThe director shall notify each city and  fire  district
  4    of  the  amount  of the contribution to be collected based on the average paid
  5    salary or wage or individual firefighter's salary  or wage, as applicable, for
  6    the ensuing fiscal year all pay periods commencing on or after the  first  day
  7    of October. 1.
                                                                        
  8        SECTION  2.  That  Section 72-1432, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        72-1432.  PENSION FUND CONTRIBUTIONS  BY  CITIES  AND  FIRE  DISTRICTS  --
 11    REMITTANCES.  Beginning October 1, 1978, it shall also be the duty of the cit-
 12    ies and fire districts of this  state  employing  paid  firefighters  who  are
 13    establishing  the  right to benefits under the provisions of chapter 14, title
 14    72, Idaho Code, and of the boards and officers having  authority  therein,  to
 15    cause  to  be  remitted  to the public employee retirement system board, as an
 16    incident to and part of the current expenses of  such  cities  and  fire  dis-
 17    tricts,  a  sum  equivalent  to the total contribution rate and tax percentage
 18    paid into  the  Idaho  public  employee  retirement  system  and  the  Ssocial
 19    Ssecurity  Aact  on other public employees plus one percent (1%) thereafter of
 20    the annual average paid firefighter's salary or wage in the state of Idaho  or
 21    the  monthly  gross  salary or wage of each individual firefighter, to be com-
 22    puted according to the classification of each firefighter under  Option  I  or
 23    Option II as defined  under  section  72-1434, Idaho Code, for each paid fire-
 24    fighter employed by said cities or fire districts.; which said sum The average
 25    paid  salary  or wage or individual firefighter's salary or wage shall be mea-
 26    sured and determined by the actual expenditures for  such  purpose  salary  or
 27    wage  earned  during  the twelve (12) month period beginning July 1 and ending
 28    June 30 immediately preceding year from September 1. to August  31,  and  Sums
 29    shall  be  remitted  by the end of the succeeding payroll period no later than
 30    five (5) days after each pay date as herein provided for remittances for indi-
 31    vidual firefighters as set forth in section 72-1431, Idaho Code.
                                                                        
 32        SECTION 3.  When calculating the initial average paid salary  or  wage  or
 33    individual  firefighter's salary or wage after July 1, 2004, salaries or wages
 34    paid through August 31, 2003, shall not be included when determining  salaries
 35    or  wages  earned for the twelve (12) month period beginning July 1, 2003, and
 36    ending June 30, 2004.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 13513C2
The Firefighters Retirement Fund (FRF) statutes require PERSI to
annually calculate the "Statewide Average Firefighters Wage" which
is used for the calculation of the FRF retiree COLA (Idaho Code 72-
1471) and for setting Option I firefighter contributions (Idaho
Code 72-1434(1)).  Idaho Code 72-1432 provides that the Average
Salary is calculated from wages paid to "paid firefighters" from
September 1 to August 31 of the following year.  This has become
increasingly difficult because new data system and procedures now
require that employers report on a pay period basis (not monthly
when paid).  Additionally, one month is not adequate time to
process all the information and get the new contribution rates back
to employers in a timely fashion.

This bill amends section 72-1431 and 72-1432, Idaho Code.  First,
it converts the compensation component to salary earned in a
particular pay period rather than salary paid in a month.  Second,
it changes the measurement period to July 1 through June 30 (rather
than Sept 1 through Aug 31), to more closely track the state fiscal
year and to provide additional time for employers to change their
payroll deductions. These changes will have no impact on the FRF
members and will be more administratively accommodating for
employers and the PERSI rate calculation.

Section 3 of the bill addresses transition between the current and
new methodologies used to determine the Statewide Average
Firefighters Wage. Salary and wages paid through August 31, 2003,
are already in the wage base under the current methodology, and
therefore must be excluded from the salary and wages earned for the
twelve (12) month period beginning July 1, 2003 and ending June 30,
2004, to avoid duplication under this new methodology.



                         FISCAL  IMPACT
None.


CONTACT   
Name:     Alan H. Winkle
Agency:   Public Employees Retirement System
Phone:    334-2455

Statement of Purpose/Fiscal Impact                    S 1258