Senate Amendment 5003


PAG LIN




     1  1    Amend House File 729, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  Page 1, by inserting after line 2 the
     1  4 following:
     1  5    <Section 1.  Section 97B.1A, Code Supplement 2005,
     1  6 is amended by adding the following new subsection:
     1  7    NEW SUBSECTION.  11A.  "Fully funded" means a
     1  8 funded ratio of at least one hundred percent using the
     1  9 most recent actuarial valuation.  For purposes of this
     1 10 subsection, "funded ratio" means the ratio produced by
     1 11 dividing the lesser of the actuarial value of the
     1 12 system's assets or the market value of the system's
     1 13 assets, by the system's actuarial liabilities, using
     1 14 the actuarial method adopted by the investment board
     1 15 pursuant to section 97B.8A, subsection 3.
     1 16    Sec.    .  Section 97B.1A, subsection 24, paragraph
     1 17 a, Code Supplement 2005, is amended to read as
     1 18 follows:
     1 19    a.  "Three=year average covered wage" means, for a
     1 20 member who retires prior to July 1, 2008, a member's
     1 21 covered wages averaged for the highest three years of
     1 22 the member's service, except as otherwise provided in
     1 23 this subsection.  The highest three years of a
     1 24 member's covered wages shall be determined using
     1 25 calendar years.  However, if a member's final quarter
     1 26 of a year of employment does not occur at the end of a
     1 27 calendar year, the system may determine the wages for
     1 28 the third year by computing the average quarter of all
     1 29 quarters from the member's highest calendar year of
     1 30 covered wages not being used in the selection of the
     1 31 two highest years and using the computed average
     1 32 quarter for each quarter in the third year in which no
     1 33 wages have been reported in combination with the final
     1 34 quarter or quarters of the member's service to create
     1 35 a full year.  However, the system shall not use the
     1 36 member's final quarter of wages if using that quarter
     1 37 would reduce the member's three=year average covered
     1 38 wage.  If the three=year average covered wage of a
     1 39 member exceeds the highest maximum covered wages in
     1 40 effect for a calendar year during the member's period
     1 41 of service, the three=year average covered wage of the
     1 42 member shall be reduced to the highest maximum covered
     1 43 wages in effect during the member's period of service.
     1 44 Notwithstanding any other provision of this paragraph
     1 45 to the contrary, a member's wages for the third year
     1 46 as computed by this paragraph shall not exceed, by
     1 47 more than three percent, the member's highest actual
     1 48 calendar year of covered wages for a member whose
     1 49 first month of entitlement is January 1999 or later.
     1 50    Sec.    .  Section 97B.1A, subsection 24, paragraph
     2  1 c, Code Supplement 2005, is amended by striking the
     2  2 paragraph and inserting in lieu thereof the following:
     2  3    c.  Notwithstanding any other provisions of this
     2  4 subsection to the contrary, for a member who retires
     2  5 on or after July 1, 2007, the member's three=year
     2  6 average covered wage shall be the lesser of the three=
     2  7 year average covered wage as calculated pursuant to
     2  8 paragraph "a" and the adjusted covered wage amount.
     2  9 For purposes of this paragraph, the adjusted covered
     2 10 wage amount shall be the greater of the member's
     2 11 three=year average covered wage calculated pursuant to
     2 12 paragraph "a" as of July 1, 2007, and an amount equal
     2 13 to one hundred twenty=one percent of the member's
     2 14 applicable calendar year wages.  The member's
     2 15 applicable calendar year wages shall be the member's
     2 16 highest full calendar year of covered wages not used
     2 17 in the calculation of the member's three=year average
     2 18 covered wage pursuant to paragraph "a", or, if the
     2 19 member does not have another full calendar year of
     2 20 covered wages that was not used in the calculation of
     2 21 the three=year average covered wage under paragraph
     2 22 "a", the lowest full calendar year of covered wages
     2 23 that was used in the calculation of the member's
     2 24 three=year average covered wage pursuant to paragraph
     2 25 "a".>
     2 26 #2.  Page 1, line 23, by striking the figure <2006>
     2 27 and inserting the following:  <2007>.
     2 28 #3.  Page 1, line 24, by striking the figure <2014>
     2 29 and inserting the following:  <2011>.
     2 30 #4.  Page 1, line 31, by striking the figure <2014>
     2 31 and inserting the following:  <2011>.
     2 32 #5.  Page 2, by inserting after line 2 the
     2 33 following:
     2 34    <Sec.    .  Section 97B.48A, subsection 1, Code
     2 35 2005, is amended by adding the following new
     2 36 unnumbered paragraph:
     2 37    NEW UNNUMBERED PARAGRAPH.  For purposes of this
     2 38 subsection and not for purposes of determining a
     2 39 retiree's covered wages, remuneration paid on and
     2 40 after July 1, 2007, includes noncovered contributions
     2 41 to a defined contribution plan qualified under
     2 42 Internal Revenue Code section 401(a), a tax=deferred
     2 43 annuity qualified under Internal Revenue Code section
     2 44 403(b), an eligible deferred compensation plan
     2 45 qualified under Internal Revenue Code section 457, or
     2 46 any other tax qualified or nonqualified investment
     2 47 vehicle, that is provided by an employer to a retiree
     2 48 who has been or will be reemployed in covered
     2 49 employment.>
     2 50 #6.  Page 2, line 3, by inserting after the word
     3  1 <Code> the following:  <Supplement>.
     3  2 #7.  Page 2, by inserting after line 14 the
     3  3 following:
     3  4    <Sec.    .  Section 97B.49F, subsection 2,
     3  5 paragraph c, Code 2005, is amended by adding the
     3  6 following new subparagraph:
     3  7    NEW SUBPARAGRAPH.  (4A)  Notwithstanding any
     3  8 provisions of this paragraph to the contrary, moneys
     3  9 shall not be credited to the reserve account if the
     3 10 system is not fully funded or if the system would not
     3 11 remain fully funded if moneys were credited to the
     3 12 reserve account.
     3 13    Sec.    .  Section 97B.49H, subsection 3, Code
     3 14 2005, is amended to read as follows:
     3 15    3.  The system shall annually determine the amount
     3 16 to be credited to the supplemental accounts of active
     3 17 members.  The total amount credited to the
     3 18 supplemental accounts of all active members shall not
     3 19 exceed the amount that the system determines, in
     3 20 consultation with the system's actuary, can be
     3 21 absorbed without significantly impacting the funded
     3 22 status of the system.  The amount to be credited shall
     3 23 be not be greater than the amount calculated by
     3 24 multiplying the member's covered wages for the
     3 25 applicable wage reporting period by the supplemental
     3 26 rate.  For purposes of this subsection, the
     3 27 supplemental rate is the difference, if positive,
     3 28 between the combined employee and employer statutory
     3 29 contribution rates in effect under section 97B.11 and
     3 30 the normal cost rate of the retirement system as
     3 31 determined by the system's actuary in the most recent
     3 32 annual actuarial valuation of the retirement system.
     3 33 The credits shall be made at least quarterly during
     3 34 the calendar year following a determination that the
     3 35 retirement system does not have an unfunded accrued
     3 36 liability.  The normal cost rate, calculated according
     3 37 to the actuarial cost method used, is the percent of
     3 38 pay allocated to each year of service that is
     3 39 necessary to fund projected benefits over all members'
     3 40 service with the retirement system.>
     3 41 #8.  Page 2, by inserting after line 21 the
     3 42 following:
     3 43    <Sec.    .  Section 97B.65, Code 2005, is amended
     3 44 to read as follows:
     3 45    97B.65  REVISION RIGHTS RESERVED == INCREASE OF
     3 46 BENEFITS == RATES OF CONTRIBUTION.
     3 47    The right is reserved to the general assembly to
     3 48 alter, amend, or repeal any provision of this chapter
     3 49 or any application thereof to any person, provided,
     3 50 however, that to the extent of the funds in the
     4  1 retirement system the amount of benefits which at the
     4  2 time of any such alteration, amendment, or repeal
     4  3 shall have accrued to any member of the retirement
     4  4 system shall not be repudiated, provided further,
     4  5 however, that the amount of benefits accrued on
     4  6 account of prior service shall be adjusted to the
     4  7 extent of any unfunded accrued liability then
     4  8 outstanding.  Any An increase enacted in the benefits
     4  9 or retirement allowance allowances provided under this
     4 10 chapter shall not be enacted until after the system's
     4 11 actuary determines that the system is fully funded and
     4 12 will continue to be fully funded immediately following
     4 13 enactment of the increase.  However, an increase in
     4 14 the benefits or retirement allowances provided under
     4 15 this chapter may be enacted if the increase is
     4 16 accompanied by a change in the employer and employee
     4 17 contribution rates necessary to support such increase,
     4 18 all as determined in accordance with sound actuarial
     4 19 principles and methods by the system's actuary.>
     4 20 #9.  Page 3, line 17, by striking the word and
     4 21 figures <January 1, 2006> and inserting the following:
     4 22 <October 1, 2007>.
     4 23 #10.  Page 5, line 4, by striking the figure <2005>
     4 24 and inserting the following:  <2006>.
     4 25 #11.  Page 5, line 8, by striking the figure <2005>
     4 26 and inserting the following:  <2006>.
     4 27 #12.  Page 5, line 30, by striking the figure
     4 28 <2005> and inserting the following:  <2006>.
     4 29 #13.  Page 7, line 11, by striking the figure
     4 30 <2005> and inserting the following:  <2006>.
     4 31 #14.  Page 7, line 16, by striking the figure
     4 32 <2005> and inserting the following:  <2006>.
     4 33 #15.  Page 11, line 33, by striking the figure
     4 34 <2005> and inserting the following:  <2006>.
     4 35 #16.  Page 12, line 2, by striking the figure
     4 36 <2005> and inserting the following:  <2006>.
     4 37 #17.  By renumbering as necessary.
     4 38
     4 39
     4 40                               
     4 41 COMMITTEE ON STATE GOVERNMENT
     4 42 WALLY E. HORN, CO=CHAIRPERSON
     4 43
     4 44
     4 45                               
     4 46 LARRY McKIBBEN, CO=CHAIRPERSON
     4 47 HF 729.508 81
     4 48 ec/je/4923

                              -1-