H‑1309.1   _____________________________________________

 

SUBSTITUTE HOUSE BILL 1214

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives H. Sommers, Lambert, Doumit and Delvin; by request of Joint Committee on Pension Policy)

 

READ FIRST TIME 02/8/01. 

_1      AN ACT Relating to the composition and responsibilities of the

_2  employee retirement benefits board; amending RCW 41.50.086 and

_3  41.34.130; and reenacting and amending RCW 41.50.780.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      Sec. 1.  RCW 41.50.086 and 1998 c 341 s 506 are each amended to

_6  read as follows:

_7      (1) The employee retirement benefits board is created within

_8  the department of retirement systems.

_9      (2) The board shall be composed of ((eleven)) twelve members

10  appointed by the governor and one ex officio member as follows:

11      (a) Three members representing the public employees' retirement

12  system:  One retired, two active.  The members shall be appointed from

13  a list of nominations submitted by organizations representing each

14  category.  The initial term of appointment shall be two years for

15  the retired member, one year for one active member, and three

16  years for the remaining active member.

17      (b) Three members representing the teachers' retirement system:

18  One retired, two active.  The members shall be appointed from a

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_1  list of nominations submitted by organizations representing each

_2  category.  The initial term of appointment shall be one year for the

_3  retired member, two years for one active member, and three years

_4  for the remaining active member.

_5      (c) Three members representing the school employees' retirement

_6  system:  One retired, two active.  The members shall be appointed from

_7  a list of nominations submitted by organizations representing each

_8  category.  The initial term of appointment shall be one year for the

_9  retired member, two years for one active member, and three years

10  for the remaining active member.

11      (d) Two members with experience in defined contribution plan

12  administration.  The initial term for these members shall be two

13  years for one member and three years for the remaining member.

14      (e) One member representing the deferred compensation program.

15  The member shall be a deferred compensation program participant

16  chosen from a list of nominations submitted by organizations

17  representing employees eligible to participate in the deferred

18  compensation program.  The initial term of appointment for this

19  member shall be three years.

20      (f) The director of the department shall serve ex officio and

21  shall be the chair of the board.

22      (3) After the initial appointments, members shall be appointed

23  to three-year terms.

24      (4) The board shall meet at least quarterly during the calendar

25  year, at the call of the chair.

26      (5) Members of the board shall serve without compensation but

27  shall receive travel expenses as provided for in RCW 43.03.050 and

28  43.03.060.  Such travel expenses shall be reimbursed by the

29  department from the retirement system expense fund.

30      (6) The board shall adopt rules governing its procedures and

31  conduct of business.

32      (7) The actuary shall perform all actuarial services for the

33  board and provide advice and support.

     

34      Sec. 2.  RCW 41.50.780 and 1998 c 245 s 42 and 1998 c 116 s 12 are

35  each reenacted and amended to read as follows:

36      (1) The deferred compensation principal account is hereby

37  created in the state treasury.  ((Any deficiency in the deferred

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_1  compensation administrative account caused by an excess of

_2  administrative expenses disbursed from that account over balances

_3  credited to that account shall be eliminated by transferring

_4  moneys to that account from the deferred compensation principal

_5  account.))

_6      (2) The amount of compensation deferred by employees under

_7  agreements entered into under the authority contained in RCW

_8  41.50.770 shall be paid into the deferred compensation principal

_9  account and shall be sufficient to cover costs of administration

10  and staffing in addition to such other amounts as determined by

11  the department.  The deferred compensation principal account shall

12  be used to carry out the purposes of RCW 41.50.770.  All eligible

13  state employees shall be given the opportunity to participate in

14  agreements entered into by the department under RCW 41.50.770.

15  State agencies shall cooperate with the department in providing

16  employees with the opportunity to participate.

17      (3) Any county, municipality, or other subdivision of the state

18  may elect to participate in any agreements entered into by the

19  department under RCW 41.50.770, including the making of payments

20  therefrom to the employees participating in a deferred

21  compensation plan upon their separation from state or other

22  qualifying service.  Accordingly, the deferred compensation

23  principal account shall be considered to be a public pension or

24  retirement fund within the meaning of Article XXIX, section 1 of

25  the state Constitution, for the purpose of determining eligible

26  investments and deposits of the moneys therein.

27      (4) All moneys in the state deferred compensation principal

28  account and the state deferred compensation administrative

29  account, all property and rights purchased therewith, and all

30  income attributable thereto, shall be held in trust by the state

31  investment board, as set forth under RCW 43.33A.030, for the

32  exclusive benefit of the state deferred compensation plan's

33  participants and their beneficiaries.  Neither the participant, nor

34  the participant's beneficiary or beneficiaries, nor any other

35  designee, has any right to commute, sell, assign, transfer, or

36  otherwise convey the right to receive any payments under the

37  plan.  These payments and right thereto are nonassignable and

38  nontransferable.  Unpaid accumulated deferrals are not subject to

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_1  attachment, garnishment, or execution and are not transferable by

_2  operation of law in event of bankruptcy or insolvency, except to

_3  the extent otherwise required by law.

_4      (5) The state investment board has the full power to invest

_5  moneys in the state deferred compensation principal account and

_6  the state deferred compensation administrative account in

_7  accordance with RCW 43.84.150, 43.33A.140, and 41.50.770, and

_8  cumulative investment directions received pursuant to RCW

_9  41.50.770.  All investment and operating costs of the state

10  investment board associated with the investment of the deferred

11  compensation plan assets shall be paid pursuant to RCW 43.33A.160

12  and 43.84.160.  With the exception of these expenses, one hundred

13  percent of all earnings from these investments shall accrue

14  directly to the deferred compensation principal account.

15      (6)(a) No state board or commission, agency, or any officer,

16  employee, or member thereof is liable for any loss or deficiency

17  resulting from participant investments selected pursuant to RCW

18  41.50.770(3).

19      (b) Neither the employee retirement benefits board nor the

20  state investment board, nor any officer, employee, or member

21  thereof is liable for any loss or deficiency resulting from

22  reasonable efforts to implement investment directions pursuant to

23  RCW 41.50.770(3).

24      (7) The deferred compensation administrative account is hereby

25  created in the state treasury.  All expenses of the department

26  pertaining to the deferred compensation plan including staffing

27  and administrative expenses shall be paid out of the deferred

28  compensation administrative account.  Any excess balances credited

29  to this account over administrative expenses disbursed from this

30  account shall be transferred to the deferred compensation

31  principal account at such time and in such amounts as may be

32  determined by the department with the approval of the office of

33  financial management.  Any deficiency in the deferred compensation

34  administrative account caused by an excess of administrative

35  expenses disbursed from this account shall be transferred to this

36  account from the deferred compensation principal account.

37      (8) In addition to the duties specified in this section and RCW

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_1  41.50.770, the department shall administer the salary reduction

_2  plan established in RCW 41.04.600 through 41.04.645.

_3      (9)(a)(i) The department shall keep or cause to be kept full

_4  and adequate accounts and records of the assets of each individual

_5  participant, obligations, transactions, and affairs of any

_6  deferred compensation plans created under RCW 41.50.770 and this

_7  section.  The department shall account for and report on the

_8  investment of state deferred compensation plan assets or may enter

_9  into an agreement with the state investment board for such

10  accounting and reporting.

11      (ii) The department's duties related to individual participant

12  accounts include conducting the activities of trade instruction,

13  settlement activities, and direction of cash movement and related

14  wire transfers with the custodian bank and outside investment

15  firms.

16      (iii) The department has sole responsibility for contracting

17  with any recordkeepers for individual participant accounts and

18  shall manage the performance of recordkeepers under those

19  contracts.

20      (b)(i) The department's duties under (a)(ii) of this subsection

21  do not limit the authority of the state investment board to

22  conduct its responsibilities for asset management and balancing of

23  the deferred compensation funds.

24      (ii) The state investment board has sole responsibility for

25  contracting with outside investment firms to provide investment

26  management for the deferred compensation funds and shall manage

27  the performance of investment managers under those contracts.

28      (c) The state treasurer shall designate and define the terms of

29  engagement for the custodial banks.

30      (10) The department may adopt rules necessary to carry out

31  ((the purposes of)) its responsibilities under RCW 41.50.770 and

32  this section.

     

33      Sec. 3.  RCW 41.34.130 and 1998 c 341 s 307 are each amended to

34  read as follows:

35      (1) The state investment board has the full authority to invest

36  all self-directed investment moneys in accordance with RCW

37  43.84.150 and 43.33A.140, and cumulative investment directions

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_1  received pursuant to RCW 41.34.060 and this section.  In carrying

_2  out this authority the state investment board, after consultation

_3  with the employee retirement benefits board regarding any

_4  recommendations made pursuant to RCW 41.50.088(((2))) (1)(b),

_5  shall provide a set of options for members to choose from for self-

_6  directed investment.

_7      (2) All investment and operating costs of the state investment

_8  board associated with making self-directed investments shall be

_9  paid by members and recovered under procedures agreed to by the

10  board and the state investment board pursuant to the principles

11  set forth in RCW 43.33A.160 and 43.84.160.  All other expenses

12  caused by self-directed investment shall be paid by the member in

13  accordance with rules established by the board under RCW

14  41.50.088.  With the exception of these expenses, all earnings from

15  self-directed investments shall accrue to the member's account.

16      (3)(a)(i) The department shall keep or cause to be kept full

17  and adequate accounts and records of each individual member's

18  account.  The department shall account for and report on the

19  investment of defined contribution assets or may enter into an

20  agreement with the state investment board for such accounting and

21  reporting under this chapter.

22      (ii) The department's duties related to individual participant

23  accounts include conducting the activities of trade instruction,

24  settlement activities, and direction of cash movement and related

25  wire transfers with the custodian bank and outside investment

26  firms.

27      (iii) The department has sole responsibility for contracting

28  with any recordkeepers for individual participant accounts and

29  shall manage the performance of recordkeepers under those

30  contracts.

31      (b)(i) The department's duties under (a)(ii) of this subsection

32  do not limit the authority of the state investment board to

33  conduct its responsibilities for asset management and balancing of

34  the deferred compensation funds.

35      (ii) The state investment board has sole responsibility for

36  contracting with outside investment firms to provide investment

37  management for the deferred compensation funds and shall manage

38  the performance of investment managers under those contracts.

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_1      (c) The state treasurer shall designate and define the terms of

_2  engagement for the custodial banks.

 

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