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SPONSOR: |
Coll |
DATE TYPED: |
03/2/03 |
HB |
805 |
||
SHORT TITLE: |
Seasonal Employee Credited Service Purchase |
SB |
|
||||
|
ANALYST: |
Gilbert |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04
|
|
|
|
|
|
$0.1
See Narrative |
Recurring |
PERA
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
Public
Employees Retirement Association (PERA)
SUMMARY
Synopsis
of Bill
House Bill 805 amends the Public Employees
Retirement Act to provide a new benefit for legislative branch seasonal
employees. This bill allows these
individuals, if currently vested in PERA, to purchase service credit associated
with legislative seasonal employment.
Significant
Issues
The PERA Act currently excludes from membership
employees designated by their affiliated employers as seasonal or student
employees. HB 805 proposes to add a
special exception for former legislative seasonal employees.
Therefore, this bill allows a number of
statutorily excluded employees to purchase service credit, while most others
are prohibited from doing so.
HB 805 also proposes to change the definition of
“service credit” as that term is used throughout the PERA Act by permitting
some statutorily excluded employees to accrue service credit in a different
manner than other PERA members.
Specifically, this bill proposes to allow service credit to be posted
based on legislative session employment, as opposed to posting credit for contributions
being reported to PERA on behalf of a member.
There is no
appropriation included in this bill.
Since an actuarial
study was not performed to accurately determine the cost of the new benefits
provided by this bill, the fiscal impact on PERA is unknown. However, HB 805 requires members to pay the
total cost for the purchase of the service credit. Therefore this bill appears
to comply with provisions of Article XX, Section 22 of the New Mexico
Constitution. It is not known at this time how many PERA members will request
to purchase this time.
For the period ending
June 30, 2001, PERA’s unfunded actuarially accrued liability (UAAL) grew
significantly. The June 30, 2002 actuarial valuation indicates that PERA
funding resources are sufficient to finance the UAAL over an aggregate period
of 10 years. In aggregate, the sys-tem
had an experience loss for the year ending June 30, 2002 of $258 million, due
to a lower rate of return than assumed (5.5% vs. 8%) and greater retirements
than assumed. PERA’s actuaries reported
a loss of $328 million for 3 of the 4 years of investment activity that will
flow into the recognized gain/loss in next year’s actuarial valuation. If a loss of this magnitude occurs next
year, the effect would be that the overall PERA funding ratio will drop below
100% and PERA UAAL will increase to approximately 20 years.
If this bill is
adopted, PERA must amend its regulations and update member informational publications. PERA believes that it can absorb this
impact.
According to PERA, HB
805 provides a benefit for a narrowly defined group of PERA members formally
designated by their employer as excluded from membership, thus conveying a
unique benefit to seasonal employees of the New Mexico Legislature.
This conflicts with
the general concept of a defined benefit plan in which similarly situated
members should earn and receive similar benefits. PERA members who were designated as “seasonal” employees in other
capacities are not eligible to purchase service credit for such periods of
excluded employment.
This bill would also
allow members who were legislative seasonal employees to accrue more than one
month of service credit for service in a calendar month. HB 805 would allow such members to purchase
3 months of service credit for a 60-day session and 2 months of service credit
for a 30-day session. As stated above, this is contrary to how service credit
is calculated pursuant to the PERA Act by providing for a “block” of service
credit for a time period rather than calculating service credit on reported
wages.
RLG/sb