SENATE SPECIAL SESSION COMMITTEE ON REVENUE
June 12, 2002 Hearing
Room A
3:30 pm Tapes 01 - 04
MEMBERS PRESENT: Sen.
Ted Ferrioli, Chair
Sen.
Joan Dukes
Sen.
Bill Fisher
Sen.
John Minnis
Sen.
Cliff Trow
STAFF PRESENT: Paul Warner, Administrator
Nancy
Massee, Administrative Support
MEASURE/ISSUES HEARD: Committee Rules
Budget
Considerations
SB 1022 Public Hearing and Work Session
SB 1021 Public Hearing
These minutes are in compliance with Senate and
House Rules. Only text enclosed in quotation
marks reports a speaker’s exact words.
For complete contents, please refer to the tapes.
|
TAPE/# |
Speaker |
Comments |
|
TAPE 01, A |
||
|
004 |
Chair Ferrioli |
Convenes meeting at 3:45
p.m. Presents committee rules for
approval (EXHIBIT A). |
|
015 |
Chair Ferrioli |
Asks if there are any
objections, hearing none, rules are approved. Reminds the committee that the
special session has been called to deal with the revenue shortfall. |
|
037 |
Paul Warner |
Legislative Revenue Office
(LRO). Discusses gap calculations and changes. (EXHIBIT B) Reviews the possibilities in addressing budget
deficit. Reviews the June budget
forecast. Reviews the state school
fund $200 million disappropriation from second special session. The $20 million from Measure 13 is not in that. |
|
087 |
Warner |
Continues presentation
suggesting adjustments. Refers to
school appropriation, tobacco settlement, and general fund money in meeting
the gap. |
|
110 |
Chair Ferrioli |
Asks about funds in case
of a bad fire year. |
|
112 |
Warner |
Answers normally that
would come from the general purpose E fund. |
|
150 |
Sen. Trow |
Asks if that takes all the
E fund available. |
|
153 |
Chair Ferrioli |
Replies allocation of all
the E fund leaves us without self insurance fund for forest fires and other
necessary reserves. |
|
154 |
Sen. Dukes |
There is a dollar amount
and Lloyds of London kicks in after that dollar amount is reached. In a recession it does not make sense to
cut down to zero. |
|
155 |
Chair Ferrioli |
The members need to
understand that utilization of the E board balance would leave us without a
contingency fund for fire. |
|
158 |
Sen. Dukes |
Asks if the $32 million is
what is left. |
|
160 |
Warner |
Replies $32 million is
what is left in the general purpose E fund.
|
|
162 |
Sen. Trow |
Asks if the ending balance
converts to what is available to us at the beginning of next session. Is this 76 all of that? We would start out with no reserves? |
|
165 |
Sen. Trow |
Comments that other things
go into the beginning balance besides this.
It is usually bigger than that. |
|
168 |
Warner |
The beginning balance
would specifically include any reversions that come out of the general
fund. There is a strong link between
what you leave as an ending balance and what you ultimately have for planning
for 2003-2005. |
|
152 |
Sen. Ferrioli |
Comments that what Sen.
Dukes’ point is that if the ending balance is used entirely in allocation,
you carry over nothing into the next session. |
|
155 |
Sen. Dukes |
Comments on what does that
do to our cash flow? Local government
has to have something because they rely on property taxes. I do not know whether our cash flow,
federal, and other places is. They borrow. |
|
158 |
Chair Ferrioli |
The state treasurer made
some incursions last special session.
And, the legislature had to take action to prevent borrowing. |
|
165 |
Minnis |
Asks if there are other
reserves in the E fund. |
|
169 |
Warner |
Answers these are the only
special purpose funds I know of. Will
check. |
|
175 |
Minnis |
Comments on the Governor’s
hiring freeze. Asks if savings on
that have been calculated. |
|
180 |
Warner |
Answers that Legislative
Fiscal has looked at that, but does not know of specific numbers. Vacancy rate and normal rate of attrition
estimates have been made. Explains
tax rate chosen. Discusses possible 75 cent cigarette tax increase. The estimate does not include the floor
tax. |
|
191 |
Sen. Ferrioli |
Discusses the relative
rates would have a negative effect on utilization. |
|
198 |
Warner |
Explains historical
response on impact on sales.
Relationship between taxed cigarettes and prices. Refers to Washington ($l.42 tax) and
California cigarette taxes. |
|
225 |
Chair Ferrioli |
Discusses Oregon is
presently at 68 cents a pack and an additional 75 cents would bring it to
$1.43. Discusses California would go
from 87 cents to 1.37 tax. Washington
is $1.42. Idaho is 28 cents a pack. |
|
245 |
Warner |
Discusses the 911 balance,
the portion we have been working with is $19 million. Those dollars come from the excise tax
during the current biennium. Not allocated to a specific purpose this
biennium. Planned usage is for
equipment the following biennium. Both special sessions have passed a bill
that would pull $14 million from that balance for general purposes this
biennium. Governor has vetoed both
times. |
|
260 |
Chair Ferrioli |
Says these funds may be
used for law enforcement purposes and be reduced to $7 million. |
|
|
|
|
|
268 |
Warner |
The governor has agreed to
$7 million. |
|
272 |
Chair Ferrioli |
Comments that the $19
million is unallocated meaning the legislature has not committed any of those
dollars. |
|
273 |
Sen. Minnis |
Comments the law
enforcement community would disagree with spending the money other than the
way it is currently earmarked. |
|
278 |
Sen. Dukes |
Comments the public assumed
it would go to 911. |
|
286 |
Warner |
Discusses school bill, SB
1022. Discusses different methods of borrowing and investment opportunities
of funds. The bill proposes to
provide a double payment on July 15, 2003 and permit schools to accrue up to
8 percent of their state school fund appropriation this coming school year,
accrue 8 percent of that July 15 payment back to this year to meet expenses
that arise after the biennium ends but are accrued back to the following
year. That would provide a reduction in the state budget because we operate
on a cash basis. The districts
operate on an accrual basis. There
would be a different impact on them. The
Common School Fund has $115 million identified to statutory sources which
would be unclaimed property account, which is now about $125 million. That fund can be borrowed against. Recommend leaving $10 million in it. Conditions of repayment are determined by
the Legislature. Borrowing from the
constitutional portion would be much stricter than the statutory portion. |
|
340 |
Chair Ferrioli |
So the $115 million is the
statutory portion with $10 million retained as a reserve? |
|
350 |
Warner |
The $10 is the reserve
because the state is obligated to pay unclaimed property claims. The net inflow is the sale of those
properties. |
|
360 |
Chair Ferrioli |
If these funds were used,
would the legislature determine it as a form of borrowing? Reiterates conditions stated by Mr.
Warner. |
|
357 |
Warner |
Explains the 4 percent
corporate personal income tax surcharge which would generate $240
million. Explains the implementation
of Measure 88. Explains Measure 13
could go up to $213 million. There
will be $278 million in the endowment fund at the end of this biennium. Transfer from the endowment fund to the
state school fund would take place at the end of this biennium. Gives example of tobacco fund
securitization generating $200 million cash with a debt service cost of about
$34 million per year. Discusses beer
and wine tax increase. |
|
405 |
Sen. Dukes |
Asks how much is tied up
in contracts. |
|
439 |
Warner |
Basically $80 million is
tied up in contracts. |
TAPE 2A |
||
|
004 |
Warner |
Continues presentation. Explains housing reserves above “restricted”
reserves required to meet certain conditions for bonds. Added together you get $1.9 billion which
is about twice the gap but some items should not be added together. |
|
015 |
Chair Ferrioli |
Expresses that the purpose
of the recapitulation is to focus on what is possible and what is real. Refers to the tobacco securitization that
has been consistently promised to be vetoed. That is $200 million in
potential revenue. Discusses
contractual obligations of agencies. |
|
045 |
Sen. Trow |
Asks if Legislative Counsel
has looked at possible litigation if the school fund is tapped. |
|
071 |
Sen. Dukes |
Asks for the information
from the Revenue Options Committee. |
|
051 |
Warner |
Replies he will make that
available to the committee. There is
some disagreement on the constitutional and statutory portion; the statutory
portion could legally be borrowed and repaid. The legislature could designate a revenue source to repay, not
from the general fund. |
|
063 |
Dukes |
Asks for a copy from last
session. |
|
071 |
Sen. Fisher |
Asks about the tobacco securitization
estimate. Do we have the $82 million
in hand now? Would the $200 be the estimate of what we might get in the
future? What is the $68 million? And $40.7 million unpledged? |
|
084 |
Warner |
Answers the securitization
would be for $200 million available now in the current biennium to pay
current obligations. It would require a diversion of that flow about $90
million a year beginning in 2003. The 2003 amount diverted to pay off the
$200 would be $34 million per year.
The $41 million is the amount that we estimate that would be unpledged
after diverting for securitization purposes after paid off the OHSU revenue
bonds. There would be $41 million
left for next biennium to allocate for general purposes. |
|
097 |
Chair Ferrioli |
Asks the life of the
revenue bonds is ten years? |
|
094 |
Warner |
The durable bonds would be
about eight years. |
|
100 |
Chair Ferrioli |
Asks if there are further
questions on the worksheet. Points
out the ending balance, E fund, 911 funds, common school fund, and salary
freeze need more explanation. |
|
130 |
Warner |
Clarifies the proposal
would basically allow the $200 million disappropriation to remain in
place. Change the payment schedule
and accounting practices allowing $200 million to be accrued back to this
biennium. |
|
134 |
Chair Ferrioli |
Discusses restricted and
unrestricted housing portions. All
sources add up to $1.93 billion total resources but not all are available. |
|
142 |
Chair Ferrioli |
Announces SB 1021 can be
heard after 4:15 pm. It is now 4:20
p.m. |
|
160 |
Steve Meyer |
LRO Economist. Explains SB 1022 (LC 17). Addresses
finance options school districts have.
Section 1, change in payment schedule of state school funds to school
districts. HB 4011 2nd special session, the payment schedule was
changed. Section 1 modifies that
slightly. Section 4 applies to debt obligations and when they have to be
repaid, extends one month. Section 5
deals with districts on accrual basis.
Accrue from one fiscal year back a fiscal year not to exceed 8% of the
district state school fund grant. |
|
240 |
Trow |
Asks if the 8% will take
care of their needs. |
|
260 |
Chair |
Responds there was
research done last special session with 40 districts on the accrual
method. The consensus was that they
could cope with it this year. |
|
261 |
Meyer |
Section 6 says on a cash
basis, a negative ending balance is allowed for a fiscal year. |
|
259 |
Sen. Dukes |
Can they spend in June and
pay in July? |
|
260 |
Meyer |
Yes. |
|
273 |
Chair Ferrioli |
We are referring to the
negative ending balances. |
|
275 |
Sen. Trow |
Asks if it is over 8
percent what happens. |
|
277 |
Meyer |
Answers it does not. |
|
280 |
Cindy Hunt |
LCO. Discusses spending money they do not have. |
|
292 |
Meyer |
Continues discussing
Section 4 allows the districts to do the negative ending balance and the
accrual across fiscal years. Section
10 removes 4 sub b after the sunset date.
|
|
320 |
Chair |
Comments that it is anticipated
that the school districts will transcend into this. Or will the sunset date be extended. |
|
333 |
Meyer |
It gives them a period to
try to spread additional expenditures and make up over a period of years. |
|
316 |
Chair Ferrioli |
Asks for any comments. |
PUBLIC HEARING SB 1022 |
||
|
351 |
Ozzie Rose |
Confederation of Oregon
School Administrators. Discusses
school district options. Makes
suggestions. Section 5 and 6 needs language to allow for the accrual for
accounting purposes. Extend Tans bar
to 13 months. Delete Section 4 Sub
2. Expand options for local
boards. Assure that the amount
advancing is included in the base 2001-2003
budget for CSL purposes for determining 2003-2005 budget. Continues suggested changes to SB 1022. |
|
484 |
Sen. Minnis |
Asks for clarification on
the base issue. |
TAPE 1B |
||
|
003 |
Ozzie Rose |
Explains how a current
service level will be established in the 2003-2005 budget based on what
happened previously and anticipated changes.
|
|
031 |
Rose |
What is a practical way to
do this? May be done by a Budget
Note. Summarizes: Delete Sec. 4 Sub. 2. Clarify current service level
question. Adjust payment schedule. |
|
052 |
Sen. Trow |
Asks if that will work for
the few districts still on the cash basis. |
|
055 |
Rose |
Answers it will vary. Describes some situations. |
|
065 |
John Marshal |
Oregon School Boards Association. Agrees with what Mr. Rose said and with
his suggestions. Suggests the
districts that have to borrow may have substantial savings on the 60-day
borrowing. |
|
143 |
Chair Ferrioli |
Reiterates suggested changes. |
|
150 |
Rose |
Comments on the IRS
allowance to go to13 months. |
|
168 |
Marshal |
TANS issued last July are
due this June 30. |
|
175 |
Chair Ferrioli |
Any other questions? Discusses with members procedures. Closes
public hearing on SB 1022. Opens
Public Hearing on SB 1021. |
SB 1021 PUBLIC HEARING |
||
|
227 |
Chair Ferrioli |
Recesses for five minutes
(4:55 p.m.) |
|
228 |
Chair Ferrioli |
Reconvenes meeting at 5:05
p.m. |
|
230 |
Chair Ferrioli |
Closes public hearing on
SB 1021 and re-opens SB 1022. |
SB 1022 PUBLIC HEARING |
||
|
235 |
Chair Ferrioli |
Asks Legislative Counsel
to explain sunset date in SB 1022.
Asks about the 13 month window created. |
|
257 |
Cindy Hunt |
Legislative Counsel. Responds she does not know the rationale
for the sunset. That was the
direction she received. It came to the Legislative Revenue office. From where she does not know. |
|
283 |
Chair Ferrioli |
Says the statute is
consistent with federal law. |
|
285 |
Hunt |
Says this will allow the
legislature to review this during a regular session. |
|
292 |
Chair Ferrioli |
Says there is no reason
not to delete section 2. Asks about a
conceptual amendment. |
|
293 |
Hunt |
Suggests how the amendment
should be drafted by amending another statute. |
|
290 |
Sen. Minnis |
Questions the
“notwithstanding” language. |
|
297 |
Chair Ferrioli |
Suggests that is a more
complicated amendment. |
|
300 |
Hunt |
Confirms that is what she
is suggesting. |
|
305 |
Chair Ferrioli |
Asks for exact language. |
|
307 |
Hunt |
Responds on page 1, line
2, after “ORS, insert 288.165” and on page 2, line 10, delete “4, “ and
delete lines 12-18, and
insert a section amending ORS 288.165 that would insert the language
on lines 12 to 15 in the appropriate place in the statute, subsection 5 after
4. Renumber the subsections to
reflect that. Insert a section 4A
that says the amendments to ORS 288.165 by section 4 first apply to
obligations issued on or after the effective date of the act. That would take care of it. |
|
320 |
Chair Ferrioli |
Asks for a re-statement. |
|
323 |
Hunt |
Responds with correct
language. Says that the new section 4a
is to clarify for school districts what the new law would apply to. |
|
240 |
Chair Ferrioli |
Says he would accept a
motion. |
|
360 |
Sen. Trow |
Asks to wait for the drafted
amendment. |
|
390 |
Steve Meyer |
LRO. Talking point number
three could be accomplished by a Budget Note and another bill. Item 4, would want to be applied to a
total short fall. One and two are in
the bill already. |
|
419 |
Chair Ferrioli |
Closes public hearing and
opens work session on SB 1022. |
|
SB 1022 WORK SESSION |
||
|
391 |
Sen. Minnis |
Makes motion to request an
amendment from legislative counsel. Moves
to accept an amendment for SB 1022 that ORS 288.165 be amended as it appears
in Section 4 of this bill.
Legislative Counsel to adopt conforming amendments to the rest of the
body. |
|
442 |
Chair Ferrioli |
Asks if the conceptual
amendment is made today, that there be a clear record of what we have done. |
|
TAPE 2B |
||
|
010 |
Sen. Minnis |
Clarifies amendment to SB
1022 that will be a new section that will cite ORS 288.165 with the new
language and the conforming amendments and renumbering the sections. |
|
025 |
Chair Ferrioli |
Asks if members understand
the amendment is to delete the sunset that was included in the bill in the 13
month period. |
|
030 |
Chair Ferrioli |
Hearing no objections, amendment is adopted. |
|
018 |
Sen. Minnis |
MOVES SB 1022 to floor as amended with a do pass recommendation. |
|
025 |
Chair Ferrioli |
Says he will review the
amendment and budget note language. |
|
030 |
Sen. Minnis |
Says they do not have
authority over other committees. |
|
038 |
Sen. Trow |
Comments on budget note.
Says there can be a statement of intent. |
|
042 |
Chair Ferrioli |
Says there is a motion on
the floor. |
|
053 |
Sen. Minnis |
Comments on the
legislative record and floor speeches. |
|
055 |
Sen. Trow |
Asks if they were going to
take action on this bill. Says he
will oppose the bill. |
|
027 |
Sen. Minnis |
MOTION: Moves SB 1022 to the floor with a DO PASS
AS AMENDED recommendation. |
|
028 |
|
VOTE: 3-2 AYE: 3 - Fisher, Minnis, Ferrioli NAY: 2 - Dukes, Trow |
|
|
Chair |
The motion
CARRIES. SEN.
FERRIOLI will lead discussion on the floor. |
|
075 |
Chair Ferrioli |
Closes work session on SB
1022 and opens public hearing on SB 1021. |
|
PUBLIC HEARING SB 1021 |
||
|
078 |
Dick Yates |
LRO. Describes SB 1021. (EXHIBIT
C) Explains changes the bill
makes to Public Employees Retirement System (PERS), in particular, the
mortality tables used in calculating member benefits when they do I fact
retire. Section two is the on-going
provisions that take effect January 1, 2003.
This says that the Public Employees Retirement Board (PERB) shall
prepare mortality tables or have the actuary do that, with the most recent
data to update the mortality table.
That will be done each calendar year effective January 1 of each
year. Section 4 says a short term
process is needed for retirees between effective date of this bill and
January 1. It implements the same
process. Summarizes rest of sections
of the bill. |
|
093 |
Sen. Dukes |
Questions use of review by
Supreme Court. |
|
114 |
Chair Ferrioli |
Says the judicial review
is in addition to all others. |
|
118 |
Sen. Dukes |
Asks about administrative
remedies. |
|
121 |
David Heynderickx |
Legislative Counsel. Responds to question about judicial
review. |
|
138 |
Sen. Dukes |
Asks for clarification. |
|
143 |
Heynderickx |
Says the direct Supreme
Court challenge is only for 60 days, then regular steps would apply. |
|
153 |
Sen. Dukes |
Asks if there are groups
that would want that direct appeal. |
|
158 |
Heynderickx |
Says he was asked to draft
that. Relates example of pension taxation. |
|
170 |
Sen. Dukes |
Says if a party wanted to
delay, they would use regular process. |
|
178 |
Heynderickx |
Responds that parties
would want a quick remedy. |
|
180 |
Sen. Dukes |
Asks why we would want the
provision. |
|
182 |
Heynderickx |
Says this applies only to
questions of constitutionality. |
|
200 |
Chair Ferrioli |
Says the issue creates a
mandate on the PERS board. Says
retirees would probably end up using the regular administrative process. |
|
209 |
Sen. Minnis |
Asks what type of legal issues
might arise. |
|
232 |
Chair Ferrioli |
Asks for Mr. Yates to
finish his presentation. |
|
235 |
Yates |
Refers to section 2,
subsection 2, comparing the subsections a and b. Describes effective date of act is September 1. |
|
315 |
Sen. Fisher |
Asks what the benefit is. |
|
316 |
Yates |
Responds that it saves the
state money. Responds that the
employee doesn’t lose as much if they work longer. |
|
330 |
Yates |
Says if the increase in
life expectancy is greater, for example 12 percent increase, it will take
longer to make up the difference. |
|
349 |
Sen. Dukes |
Asks about retiring early
if life expectancy doesn’t increase. |
|
363 |
Yates |
Says for awhile it may
make a difference. |
|
368 |
Sen. Dukes |
Says employees may not be
encouraged to work longer. |
|
377 |
Yates |
Says he cannot evaluate
that question. States there are
various factors that go into the decision to retire. |
|
400 |
Sen. Trow |
Asks if there are examples
of people retiring showing the difference between what they can expect to get
if this passes. |
|
421 |
Yates |
Responds he has none, but
PERS has been looking at those questions. |
|
446 |
Sen. Minnis |
Asks about section 2, line
18, subsection b. |
|
459 |
Heynderickx |
Responds it is unlikely
the charts will change that often.
Mortality rates do not change that often. |
|
462 |
Chair Ferrioli |
Says they will talk with
PERS later. |
|
465 |
Sen. Trow |
Comments that they may be
able to estimate the number of retirements. |
|
468 |
Sen. Minnis |
Asks about Section 2,
subsection b, regarding “any mortality table…” |
TAPE 3, A |
||
|
010 |
Heynderickx |
Says the mortality tables
will not change often. Comments the
language is to address Internal Revenue Code requirements to maintain tax
qualification. Provides example of
how comparative calculation will be made. |
|
030 |
Sen. Minnis |
Relates that the benefit
would be frozen. |
|
037 |
Heynderickx |
Responds yes. Relates example |
|
058 |
Sen. Trow |
Asks about vulnerability
to lawsuits. |
|
066 |
Heynderickx |
Says this has been a
subject of discussion by the PERS Board.
Relates that employee representatives have indicated they will sue
over decision. |
|
076 |
Sen. Trow |
Asks for likelihood for
success in a lawsuit. |
|
079 |
Heynderickx |
Says you can only guess
based on the court’s previous decisions.
Suggests examples of previous court cases that might be related to
this issue. |
|
094 |
Sen. Trow |
Asks if the courts threw
this out, what would happen. |
|
095 |
Heynderickx |
Replies that attorney fees
would need to be paid, administrative costs to recalculate pensions, |
|
102 |
Sen. Trow |
Asks if it will affect
changing mortality tables in the future. |
|
109 |
Heynderickx |
Responds that we would
only be able to make changes for new hires.
Says there is already a “second tier” of mortality tables. |
|
143 |
Heynderickx |
Says that is the
“segmented approach” already in use.
Describes the segmented approach.
|
|
145 |
Sen. Minnis |
Asks if that is for
existing employees. |
|
147 |
Heynderickx |
Says it is for people
hired after January 1, 1999. |
|
163 |
Sen. Minnis |
Asks if we are adjusting
backwards. Discusses issue of
exposure. |
|
168 |
Heynderickx |
Relates that younger
employees will have a period where they are not gaining benefits. Says there the effect on people close to
retirement will not be as great as others have said. |
|
183 |
Sen. Minnis |
Questions whether we will
be sued if the bill passes. |
|
202 |
Heynderickx |
Says he would ask the
interested parties. |
|
209 |
Chair Ferrioli |
Discusses fiscal impact of
the bill. |
|
244 |
Dallas Weyand |
Legislative Fiscal
Office. Discusses the fiscal impact. Discusses cost to PERS, including costs to process additional
retirements. |
|
345 |
Weyand |
Discusses cost savings to
employers because of reduced unfunded liability costs. Says that employer contribution rates
would not be adjusted until the 2003-05 biennium. |
|
374 |
Weyand |
Says cost savings of $240
million would be saved in a biennium due to reduced employer rates. Acknowledges that there will be soon be an
employer rate increase. |
|
401 |
Chair Ferrioli |
Comments that the
reduction of 2 percent is significant.
It is potentially a $1.5 billion drop in unfunded liability. $120
million in savings per year, which means $98 million to schools and $28 million to state
agencies. |
|
450 |
Weyand |
Clarifies the $140 million
is per year. |
|
452 |
Chair Ferrioli |
Responds that is why they
are looking at the actuarial adjustment and the segmented calculation system. |
|
455 |
Sen. Fisher |
Asks for clarification
about the per year savings. |
TAPE 4, A |
||
|
008 |
Weyand |
Responds the per year
figure is in the narrative of the fiscal impact. |
|
013 |
Yates |
Responds that local
governments and other state funds are also affected that are not included |
|
016 |
Sen. Trow |
Asks for estimate for
local governments. |
|
018 |
Weyand |
Responds he will get that
for the committee. |
|
020 |
Chair Ferrioli |
Says other witnesses may
be able to comment. |
|
023 |
Maria Keltner |
League of Oregon Cities
and Association of Oregon Counties.
Says cities and counties are struggling with PERS costs. Says they want to review bill further and
work with other interested parties. |
|
040 |
David Barenburg |
League of Oregon Cities. Supports
the need to work on PERS costs. Requests time to meet with other parties. |
|
056 |
Anthony Bieda |
Lane County. Discusses cost of PERS to Lane County. Says they are interested to find a remedy
to costs. |
|
065 |
Hasina Squires |
Special Districts
Association. Says about 250 special
districts participate in PERS. Says
she wants to meet with labor and management regarding implementation date.
Recalls that school districts would prefer having a July 1 implementation
date. Discusses rate reduction and
pending rate increase. Expresses
concern about additional litigation. |
|
094 |
Sen. Fisher. |
Asks for clarification
about the effective date, January 01, 2003. |
|
100 |
Squires |
Responds yes. Clarifies they want implementation date to
be July 1 for the school districts. |
|
109 |
Sen. Fisher |
Asks about section 1 date,
do you want that changed to July 1? |
|
111 |
Squires |
Responds yes. |
|
114 |
Chair Ferrioli |
Asks about ad hoc committee
membership and formation. |
|
118 |
Squires |
Recalls the formation of
the committee around the issue of the mortality tables.. |
|
130 |
Chair Ferrioli |
Asks if the PERS board
formed the group. |
|
131 |
Keltner |
Responds it was set up by
PERS. |
|
134 |
Chair Ferrioli |
Says they can ask PERS
about it later. |
|
137 |
Squires |
Relates that there were
extensive meetings and that issues from the ad hoc committee were relayed to
the PERS subcommittee. |
|
144 |
Sen. Trow |
Asks if SB 1021 reflects
the recommendations of the subcommittee. |
|
147 |
Squires |
Replies that there was
disagreement about the approach to implementing the actuarial tables. |
|
154 |
Sen. Trow |
Opines that there should
be more work on the bill. |
|
156 |
Squires |
Answers that they would be
interested in minimizing litigation on this issue. |
|
158 |
Keltner |
Responds that the cities
would like more time to review the bill. |
|
162 |
Chair Ferrioli |
Says that he will have
PERS come back tomorrow. Reminds
committee that many legislators are PERS members. Comments on employer’s unfunded liability. |
|
192 |
Brian DeLashumutt |
Representing public
employers. |
|
200 |
Pat West |
Oregon State
Firefighters. Introduces himself and
says they are representing the PERS Coalition. |
|
204 |
DeLashmutt |
Responds to Sen. Trow’s
question about whether SB 1021 represents the recommendations of the ad hoc
group or subcommittees. Says the bill
does not. Says that the goals are to
get PERS to use the current mortality tables, cost savings, minimize exodus
of public employees, reduce
litigation, maintain IRS tax qualified status, and make sure implementation
date is workable. |
|
240 |
West |
Discusses the process to
discuss implementation of actuarial tables. Says the workgroup preferred the “multi-segment”
approach as compared to the five year
“wear away” approach. Discusses
fairness for retirees. Comments on
PERS Board executive sessions to discuss legality. |
|
279 |
West |
Says Public Employees
Coalition has expressed favor for the multi-segment approach to minimize
litigation. Says this approach does
save less than fiscal impact on SB 1021.
|
|
315 |
Chair Ferrioli |
Asks about difference
between SB 1021 approach and the multi-segment approach. |
|
325 |
West |
Responds with an
example. |
|
335 |
DeLashmutt |
Says SB 1021 is not a
segmented approach. Describes the
multi-segmented approach would use more than one mortality table when
calculating a retirement. Says SB
1021 freezes the benefit. |
|
358 |
Chair Ferrioli |
Clarifies the effect of SB
1021 and the alternative approach proposed by the Coalition. |
|
360 |
DeLashmutt |
Responds that SB 1021 does
not pass the litigation test.
Comments that there are no savings if something is held in litigation
for years. Says SB 1021 will cause an
exodus of employees. Comments the
“wear away” plan is still under consideration. |
|
404 |
Chair Ferrioli |
Asks what “wear away” means. |
|
415 |
DeLashmutt |
Says it will be described
better by PERS staff tomorrow. |
|
420 |
Chair Ferrioli |
Responds it is an
incremental approach. Relates
comments he heard from the witnesses regarding implementation of new tables
and cost savings. |
|
438 |
DeLashmutt |
Responds that there is
need for change in tables |
|
448 |
Chair Ferrioli |
Comments on good faith
involved. |
|
TAPE 3, B |
||
|
003 |
Sen. Dukes |
Asks if someone can
prepare a visual document outlining the various approaches. |
|
010 |
Sen. Fisher |
Asks about effect of
segmented plan on Sen. Minnis as a police officer. |
|
022 |
DeLashmutt |
Comments on effect on Sen.
Minnis. |
|
028 |
Chair Ferrioli |
Asks if all interested
parties have been consulted on their position. Comments that he does want to hear from PERS tomorrow. |
|
035 |
Sen. Minnis |
Asks who represents the
PERS members of Portland Police Association. |
|
040 |
DeLashmutt |
Says he represents the
sworn officers through the Police Officer’s Association. |
|
043 |
Sen. Minnis |
Asks whether there are
opt-out provisions. |
|
049 |
Chair Ferrioli |
Says there are some
programs. |
|
052 |
Sen. Minnis |
Relates programs forwarded
by the American Legislative Exchange Council. |
|
065 |
Chair Ferrioli |
Comments on the interest
and cooperation of the groups. Says
there will be a public hearing and work session on SB 1021 tomorrow at 10:00
a.m. Asks that the PERS staff to testify. Adjourns at 6:45 p.m. |
Submitted By, Reviewed By,
Nancy Massee Paul Warner
Administrative Support Administrator
EXHIBIT
SUMMARY
A – Committee Rules
B- Informational materials, Legislative Revenue (LRO), Staff 1 p
C – Informational materials, LRO Staff, 3 pp