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S1006.......................................by COMMERCE AND HUMAN RESOURCES PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the Public Employee Retirement System to include investment committee members for purposes of indemnification; to provide that the board shall obtain all audit and other services it deems appropriate; to provide for a general investigation every four years; to provide that the board shall adopt the assumptions in use by the system; and to provide that an independent financial audit shall be conducted annually or as frequently as otherwise determined by the board. 01/14 Senate intro - 1st rdg - to printing 01/17 Rpt prt - to Com/HuRes 02/02 Rpt out - rec d/p - to 2nd rdg 02/03 2nd rdg - to 3rd rdg 02/08 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Compton Title apvd - to House 02/09 House intro - 1st rdg - to Com/HuRes 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Martinez, Nielsen Floor Sponsor - Mathews Title apvd - to Senate 03/10 To enrol 03/11 Rpt enrol - Pres signed 03/14 Sp signed 03/15 To Governor 03/21 Governor signed Session Law Chapter 90 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE SENATE SENATE BILL NO. 1006 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1305, 3 IDAHO CODE, TO INCLUDE INVESTMENT COMMITTEE MEMBERS FOR PURPOSES OF INDEM- 4 NIFICATION, TO PROVIDE THAT THE BOARD SHALL OBTAIN ALL AUDIT AND OTHER 5 SERVICES IT DEEMS APPROPRIATE, TO PROVIDE FOR A GENERAL INVESTIGATION 6 EVERY FOUR YEARS, TO PROVIDE THAT THE BOARD SHALL ADOPT THE ASSUMPTIONS IN 7 USE BY THE SYSTEM, TO PROVIDE THAT AN INDEPENDENT FINANCIAL AUDIT SHALL BE 8 CONDUCTED ANNUALLY OR AS FREQUENTLY AS OTHERWISE DETERMINED BY THE BOARD 9 AND TO MAKE TECHNICAL CHANGES. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 59-1305, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 59-1305. POWERS AND DUTIES OF BOARD -- INDEMNIFICATION. (1) The board 14 shall have the power and duty, subject to the limitations of this chapter, of 15 managing the system. It shall have the powers and privileges of a corporation, 16 including the right to sue and be sued in its own name as such board. Members 17 of the retirement board, retirement system staff and retirement system mort- 18 gage and investment committee members who shall be found to be fiduciaries of 19 the fund, jointly and individually, shall be indemnified from all claims, 20 demands, judgments, costs, charges and expenses, including court costs and 21 attorney's fees, and against all liability losses and damages of any nature 22 whatsoever that retirement board members, retirement system staff or retire- 23 ment system mortgage and investment committee members shall or may at any time 24 sustain by reason of any decision made in the scope or performance of their 25 duties pursuant to the provisions of this section. The venue of all actions in 26 which the board is a party shall be AdaCcounty, Idaho. 27 (2) The board shall appoint an executive director to serve at its discre- 28 tion. The executive director shall be the secretary to the board, bonded as is 29 required by the board and shall perform such duties as assigned by the board. 30 The executive director shall be authorized to designate a staff member as act- 31 ing director or secretary in the director's absence. 32 (3) The board shall authorize the creation of whatever staff it deems 33 necessary for sound and economical administration of the system. The executive 34 director shall hire the persons for the staff who shall hold their respective 35 positions subject to the rules of a merit system for state employees. The sal- 36 aries and compensation of all persons employed for purposes of administering 37 the system shall be fixed by the board and as otherwise provided by law. 38 (4) The board shallarrange forobtain all actuarial, audit, legal and 39 medicaladvisorsservices it deems appropriate for the system. It shall cause 40 a competent actuary who is a member of the academy of actuaries and who is 41 familiar with public systems of pensions to be retained on a consulting basis. 42 The actuary shall be the technical advisor of the board on matters regarding 43 the operation of the system. During the first year of operation of the system 2 1 and at least once everythreefour (34) years thereafter, the actuary shall 2 make a general investigation of the suitability of the actuarial tables used 3 by the system. The board shall adopt the actuarial tables and assumptions in 4 use by the system and may change the same in its sole discretion at any time. 5 The actuary shall make an annual valuation of the liabilities and reserves of 6 the system, and an annual determination of the amount of contributions 7 required from the employers under this chapter, and certify the results 8 thereof to the board. The actuary shall also perform such other duties as may 9 be assigned by the board. An independent financial audit shall be conducted 10 annually or as frequently as otherwise determined by the board. 11 (5) The board shall establish the system's office or offices to be used 12 for the meetings of the board and for the general purposes of the administra- 13 tive personnel. The board shall provide for the installation of a complete and 14 adequate system of accounts and records for administering this chapter. All 15 books and records shall be kept in the system's offices. 16 (6) If the board determines that it has previously overpaid or underpaid 17 benefits provided under this chapter or chapter 14, title 72, Idaho Code, it 18 shall correct the prior error. In the event of prior underpayment, the board 19 shall forthwith pay the amount of the underpayment together with regular 20 interest thereon. In the event of prior overpayment, the board may offset 21 future benefit payments by the amount of the prior overpayment together with 22 regular interest thereon. Any such decision to offset future benefit payments 23 shall be administratively and judicially reviewable as provided in section 24 59-1314, Idaho Code. Nothing herein contained shall be construed to limit the 25 rights of a member or the board to pursue any other remedy provided by law.
STATEMENT OF PURPOSE RS 14393 This bill makes minor changes to the powers and duties of the Retirement Board and clarifies others by amending section 59-1305, Idaho Code, to provide statutory immunity not only to the mortgage committee as currently provided, but also to the investment committee; to clarify that the Retirement Board has authority and responsibility to obtain all services it deems appropriate to properly manage the retirement system consistent with its fiduciary duty, including but not limited to, audit services; to extend the required time frame for the actuary’s general investigation of actuarial tables from three (3) years to four (4) years to add management flexibility; and to clarify the Board’s authority to adopt actuarial assumptions other than in table form. FISCAL IMPACT None. CONTACT Name: Alan Winkle Agency: PERSI Phone: 334-2455 Statement of Purpose/Fiscal Impact S 1006