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S1272.......................................by COMMERCE AND HUMAN RESOURCES PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the Public Employee Retirement System to further limit automatic separation benefits for an inactive member who is not a vested member. 01/18 Senate intro - 1st rdg - to printing 01/19 Rpt prt - to Com/HuRes 02/10 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Coiner Title apvd - to House 02/22 House intro - 1st rdg - to Com/HuRes 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Crow, Deal, Henderson, Sali, Shepherd(8), Wood Floor Sponsor - Trail Title apvd - to Senate 03/13 To enrol 03/14 Rpt enrol - Pres signed 03/15 Sp signed 03/16 To Governor 03/22 Governor signed Session Law Chapter 152 Effective: 03/22/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1272 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1359, 3 IDAHO CODE, TO FURTHER LIMIT AUTOMATIC SEPARATION BENEFITS; AND DECLARING 4 AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 59-1359, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 59-1359. SEPARATION BENEFITS. (a) The separation benefit, if any, shall 9 become payable upon the written request of an inactive member who has been 10 separated from employment. If the person who received a separation benefit is 11 reemployed or reinstated by the same employer within ninety (90) days or is 12 guaranteed a right to employment or reinstatement with the same employer, the 13 person shall repay to the system any separation benefit paid. 14 (b) A separation benefit shall automatically be payable three (3) years 15 afterthea person becomes an inactive member if the inactive member is not a 16 vested member, has accumulated contributions of less than one thousand dollars 17 ($1,000), and has been separated from employment and is not reemployed or 18 reinstated by the same employer within ninety (90) days. 19 (c) For purposes of this section, "separated from employment" means the 20 inactive member terminated all employment with the employer. For purposes of 21 this section, "same employer" means the employer for which the person last 22 worked prior to being separated from employment. 23 (d) Any member may elect to have eligible rollover distributions paid 24 directly to a specified eligible retirement plan as required by 26 U.S.C. sec- 25 tion 401(a)(31). 26 SECTION 2. An emergency existing therefor, which emergency is hereby 27 declared to exist, this act shall be in full force and effect on and after its 28 passage and approval.
STATEMENT OF PURPOSE RS 15335 Idaho Code 59-1359 currently provides that non-vested PERSI members who separate from employment must be paid a separation benefit within three (3) years. A separation benefit can be rolled over to another qualified plan or IRA, or can be taken as a lump-sum distribution. Recent changes to federal law require that any mandatory distribution of an account balance in excess of one thousand dollars ($1,000) must be rolled over unless the member affirmatively requests a lump-sum distribution. This requirement poses challenges where a member cannot be located and money must rolled over to an IRA chosen by the plan in accordance with federal regulations. This bill amends Idaho Code 59-1359 to eliminate mandatory distribution of account balances exceeding one thousand dollars ($1,000), thus avoiding the new federal mandatory rollover requirements. This bill must become effective immediately upon its passage and approval in order to meet federal requirements governing qualified retirement plans. FISCAL NOTE None. CONTACT Name: Alan Winkle Agency: PERSI Phone: 334-2455 STATEMENT OF PURPOSE/FISCAL NOTE S 1272