ESHB 1044 -
By Senator Deccio
NOT ADOPTED 04/23/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that returns on
the investment of retirement plan assets are volatile, and market
volatility is reflected in variations in the funded status of the state
retirement plans over time. The legislature also recognizes that the
long-term liability in the plans 1 of the public employees' retirement
system and the teachers' retirement system remains independent from
short-term investment returns in the market. The legislature seeks to
avoid contribution rate volatility that may unfairly benefit or burden
particular groups of taxpayers with disproportionate responsibilities
for retiring the unfunded liability in the plans 1. Therefore, it is
the intent of the legislature to provide for the systematic payment of
the plans 1 unfunded liability in a manner that promotes contribution
rate adequacy and stability for the affected systems over time.
NEW SECTION. Sec. 2 A new section is added to chapter 41.45 RCW
to read as follows:
(1) There shall be no suspension of those portions of the basic
state and employer contribution rates that are necessary to pay for the
unfunded actuarial accrued liability for plan 1 of the public
employees' retirement system for the following periods: From July 1,
2005, through June 30, 2009, for the public employees' retirement
system; from July 1, 2006, through June 30, 2009, for the public safety
employees' retirement system; and from September 1, 2005, through
August 31, 2009, for the school employees' retirement system.
(2) There shall be no suspension of those portions of the basic
state and employer contribution rates that are necessary to pay for the
unfunded actuarial accrued liability for plan 1 of the teachers'
retirement system for the period beginning September 1, 2005, and
ending August 31, 2009.
NEW SECTION. Sec. 3 A new section is added to chapter 41.45 RCW
to read as follows:
(1) Beginning July 1, 2009, a minimum 2.75 percent contribution is
established as part of the basic state and employer contribution rate
for the public employees' retirement system, to be used for the sole
purpose of amortizing the unfunded actuarial accrued liability in the
public employees' retirement system plan 1. This minimum contribution
rate shall remain effective until the actuarial value of assets equals
one hundred twenty-five percent of the actuarial accrued liability or
June 30, 2024, whichever comes first.
(2) Beginning July 1, 2009, a minimum 2.75 percent contribution is
established as part of the basic state and employer contribution rate
for the public safety employees' retirement system, to be used for the
sole purpose of amortizing the unfunded actuarial accrued liability in
the public employees' retirement system plan 1. This minimum
contribution rate shall remain effective until the actuarial value of
assets equals one hundred twenty-five percent of the actuarial accrued
liability for the public employees' retirement system plan 1 or June
30, 2024, whichever comes first.
(3) Beginning September 1, 2009, a minimum 2.75 percent
contribution is established as part of the basic state and employer
contribution rate for the school employees' retirement system, to be
used for the sole purpose of amortizing the unfunded actuarial accrued
liability in the public employees' retirement system plan 1. This
minimum contribution rate shall remain effective until the actuarial
value of assets equals one hundred twenty-five percent of the actuarial
accrued liability for the public employees' retirement system plan 1 or
June 30, 2024, whichever comes first.
(4) Beginning September 1, 2009, a minimum 5.00 percent
contribution is established as part of the basic state and employer
contribution rate for the teachers' retirement system, to be used for
the sole purpose of amortizing the unfunded actuarial accrued liability
in the teachers' retirement system plan 1. This minimum contribution
rate shall remain effective until the actuarial value of assets equals
one hundred twenty-five percent of the actuarial accrued liability for
the teachers' retirement system plan 1 or June 30, 2024, whichever
comes first.
(5) The minimum contribution rates for amortizing the unfunded
liability in the plans 1 may exceed, but shall not drop below those
specified in this section. Upon completion of each biennial actuarial
valuation, the state actuary shall review the appropriateness of the
minimum contribution rates and recommend to the legislature any
adjustments as may be needed due to material changes in benefits or
actuarial assumptions, methods, or experience.
Sec. 4 RCW 41.31.020 and 1998 c 340 s 2 are each amended to read
as follows:
(((1) The gain-sharing increase amount shall be the amount of
increase, rounded to the nearest cent, that can be fully funded in
actuarial present value by the amount of extraordinary investment
gains, if any.)) The amount of extraordinary investment gains shall be
calculated as follows:
(((a) One-half of)) (1) The sum of the value of the net assets held
in trust for pension benefits in the teachers' retirement system plan
1 fund and the public employees' retirement system plan 1 fund at the
close of the previous state fiscal year;
(((b))) (2) Multiplied by the amount which the compound average of
investment returns on those assets over the previous four state fiscal
years exceeds ten percent.
(((2) The gain-sharing increase amount for July 1998, as provided
for in RCW 41.31.010, is ten cents.))
Sec. 5 RCW 41.45.060 and 2003 c 294 s 10 and 2003 c 92 s 3 are
each reenacted and amended to read as follows:
(1) The state actuary shall provide actuarial valuation results
based on the economic assumptions and asset value smoothing technique
included in RCW 41.45.035 or adopted by the council under RCW 41.45.030
or 41.45.035.
(2) Not later than September 30, 2002, and every two years
thereafter, consistent with the economic assumptions and asset value
smoothing technique included in RCW 41.45.035 or adopted under RCW
41.45.030 or 41.45.035, the council shall adopt and may make changes
to:
(a) A basic state contribution rate for the law enforcement
officers' and fire fighters' retirement system plan 1;
(b) Basic employer contribution rates for the public employees'
retirement system, the teachers' retirement system, and the Washington
state patrol retirement system to be used in the ensuing biennial
period; and
(c) A basic employer contribution rate for the school employees'
retirement system for funding both that system and the public
employees' retirement system plan 1.
The contribution rates adopted by the council shall be subject to
revision by the legislature.
(3) The employer and state contribution rates adopted by the
council shall be the level percentages of pay that are needed:
(a) To fully amortize the total costs of the public employees'
retirement system plan 1, the teachers' retirement system plan 1, and
the law enforcement officers' and fire fighters' retirement system plan
1 not later than June 30, 2024, except as provided in subsection (5) of
this section; and
(b) To also continue to fully fund the public employees' retirement
system plans 2 and 3, the teachers' retirement system plans 2 and 3,
and the school employees' retirement system plans 2 and 3 in accordance
with RCW 41.45.061, 41.45.067, and this section.
(4) The aggregate actuarial cost method shall be used to calculate
a combined plan 2 and 3 employer contribution rate and a Washington
state patrol retirement system contribution rate.
(5) An amount equal to the amount of extraordinary investment gains
as defined in RCW 41.31.020 shall be used to shorten the amortization
period for the public employees' retirement system plan 1 and the
teachers' retirement system plan 1.
(6) The council shall immediately notify the directors of the
office of financial management and department of retirement systems of
the state and employer contribution rates adopted. The rates shall be
effective for the ensuing biennial period, subject to any legislative
modifications.
(((6))) (7) The director of the department of retirement systems
shall collect the rates established in RCW 41.45.053 through June 30,
2003. Thereafter, the director shall collect those rates adopted by
the council. The rates established in RCW 41.45.053, or by the
council, shall be subject to revision by the council.
Sec. 6 RCW 41.45.060 and 2004 c 242 s 39 are each amended to read
as follows:
(1) The state actuary shall provide actuarial valuation results
based on the economic assumptions and asset value smoothing technique
included in RCW 41.45.035 or adopted by the council under RCW 41.45.030
or 41.45.035.
(2) Not later than September 30, 2002, and every two years
thereafter, consistent with the economic assumptions and asset value
smoothing technique included in RCW 41.45.035 or adopted under RCW
41.45.030 or 41.45.035, the council shall adopt and may make changes
to:
(a) A basic state contribution rate for the law enforcement
officers' and fire fighters' retirement system plan 1;
(b) Basic employer contribution rates for the public employees'
retirement system, the teachers' retirement system, and the Washington
state patrol retirement system to be used in the ensuing biennial
period; and
(c) A basic employer contribution rate for the school employees'
retirement system and the public safety employees' retirement system
for funding both those systems and the public employees' retirement
system plan 1.
The contribution rates adopted by the council shall be subject to
revision by the legislature.
(3) The employer and state contribution rates adopted by the
council shall be the level percentages of pay that are needed:
(a) To fully amortize the total costs of the public employees'
retirement system plan 1, the teachers' retirement system plan 1, and
the law enforcement officers' and fire fighters' retirement system plan
1 not later than June 30, 2024, except as provided in subsection (5) of
this section; and
(b) To fully fund the public employees' retirement system plans 2
and 3, the teachers' retirement system plans 2 and 3, the public safety
employees' retirement system plan 2, and the school employees'
retirement system plans 2 and 3 in accordance with RCW 41.45.061,
41.45.067, and this section.
(4) The aggregate actuarial cost method shall be used to calculate
a combined plan 2 and 3 employer contribution rate and a Washington
state patrol retirement system contribution rate.
(5) An amount equal to the amount of extraordinary investment gains
as defined in RCW 41.31.020 shall be used to shorten the amortization
period for the public employees' retirement system plan 1 and the
teachers' retirement system plan 1.
(6) The council shall immediately notify the directors of the
office of financial management and department of retirement systems of
the state and employer contribution rates adopted. The rates shall be
effective for the ensuing biennial period, subject to any legislative
modifications.
(((6))) (7) The director shall collect those rates adopted by the
council. The rates established in RCW 41.45.054, or by the council,
shall be subject to revision by the legislature.
NEW SECTION. Sec. 7 The following acts or parts of acts are each
repealed:
(1) RCW 41.31.010 (Annual pension increases -- Increased by gain-sharing increase amount) and 1998 c 340 s 1;
(2) RCW 41.31A.010 (Definitions) and 2000 c 247 s 407 & 1998 c 341
s 311;
(3) RCW 41.31A.020 (Extraordinary investment gain -- Credited to
member accounts -- Persons eligible -- Calculation of amount -- Contractual
right not granted) and 2003 c 294 s 4, 2000 c 247 s 408, & 1998 c 341
s 312;
(4) RCW 41.31A.030 (Retroactive extraordinary investment gain--Credited to member accounts -- Persons eligible -- Calculation of amount--Contractual right not granted) and 1998 c 341 s 313; and
(5) RCW 41.31A.040 (Retroactive extraordinary investment gain--Credited to member accounts -- Persons eligible -- Calculation of amount--Contractual right not granted) and 2000 c 247 s 409.
NEW SECTION. Sec. 8 (1) Section 3 of this act takes effect July
1, 2009.
(2) Section 6 of this act takes effect July 1, 2006.
NEW SECTION. Sec. 9 Section 5 of this act expires July 1, 2006.
NEW SECTION. Sec. 10 Sections 1 and 2 of this act are necessary
for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions, and take effect July 1, 2005."
ESHB 1044 -
By Senator Deccio
NOT ADOPTED 04/23/2005
On page 1, line 1 of the title, after "methodology;" strike the remainder of the title and insert "amending RCW 41.31.020 and 41.45.060; reenacting and amending RCW 41.45.060; adding new sections to chapter 41.45 RCW; creating a new section; repealing RCW 41.31.010, 41.31A.010, 41.31A.020, 41.31A.030, and 41.31A.040; providing effective dates; providing an expiration date; and declaring an emergency."
EFFECT: The underlying bill proposes that payments towards the unfunded liabilities in PERS & TRS plans 1 be suspended, and proposes delaying recognition of the cost of future gain-sharing benefits. This striking amendment does three things: (1) Requires biennial contributions be made to plan unfunded liabilities and prohibits the skipping of such payments; (2) eliminates gain-sharing and dedicates "extraordinary gains" to paying off the plan 1 unfunded liabilities more quickly; and (3) establishes minimum employer contribution rates for unfunded liability payments beginning in FY 2009.