House Engrossed Senate Bill

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

SENATE BILL 1478

 

 

 

AN ACT

 

Amending section 38‑810, Arizona Revised Statutes; relating to public retirement systems.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 38-810, Arizona Revised Statutes, is amended to read:

START_STATUTE38-810.  Contributions; appropriations

A.  Each member shall contribute to the fund an amount equal to the amount prescribed in subsection G of this section.  Contributions of members shall be made by payroll deductions.  Every member is deemed to consent to these deductions.  Payment of a member's compensation, less these payroll deductions, constitutes a full and complete discharge and satisfaction of all claims and demands by the member relating to remuneration for the member's services rendered during the period covered by the payment, except with respect to the benefits provided under the plan.  A member may not, under any circumstance, borrow from, take a loan against or remove contributions from the member's account before the termination of membership in the plan or the receipt of a pension.

B.  The board's office shall be credited monthly with monies collected pursuant to section 12‑119.01, subsection B, paragraph 2, section 12‑120.31, subsection D, paragraph 2, section 12‑284.03, subsection A, paragraph 6, section 22‑281, subsection C, paragraph 3 and section 41‑178. The monies credited to the fund pursuant to this subsection shall be deposited in the fund on a monthly basis, and there shall be a complete accounting of the determination of these monies deposited in the fund.

C.  Beginning on January 1, 2014 through June 30, 2044 July 1, 2018, as determined by actuarial valuations performed by the plan's actuary each employer shall make contributions on a level per cent percent of compensation contributions of twenty‑three and one‑half per cent of the compensation of basis for all employees of the employer who are either members under this article, article 3.1 of this chapter or article 2 of this chapter pursuant to section 38‑727, subsection B sufficient under the actuarial valuation to meet both the normal cost plus an the actuarially determined amount required to amortize the unfunded accrued liability over a closed period of at least twenty and not more than thirty years that is established by the board taking into account the recommendation of the plan's actuary and the employer's contribution under the elected officials' defined contribution retirement system established pursuant to article 3.1 of this chapter and the employer's contribution under article 2 of this chapter for members who are eligible pursuant to section 38‑727, subsection B.  The employer also shall pay the amount required by section 38-797.05 for members under article 2 of this chapter who are eligible pursuant to section 38‑727, subsection B and the amount required by article 3.2 of this chapter for members under article 3.1 of this chapter.  The monies deposited in the fund pursuant to subsection B of this section shall be used to supplement the contributions required of all employers under the plan.  The employer level per cent percent compensation contribution that is paid pursuant to this subsection, less the amount contributed by the employer pursuant to section 38‑833 and section 38‑737 for members eligible pursuant to section 38‑727, subsection B, shall not be used to pay for an increase in benefits that is otherwise payable to members but shall be used to meet the normal cost plus an amount to amortize the unfunded accrued liability.

D.  Beginning July 1, 2044, as determined by actuarial valuations performed by the plan's actuary, each employer shall make level per cent compensation contributions sufficient under the actuarial valuation to meet both the normal cost plus the actuarially determined amount required to amortize the unfunded accrued liability over a rolling period of at least twenty and not more than thirty years that is established by the board taking into account the recommendation of the plan's actuary, except that the employer contribution rate shall not be less than ten per cent of salary.  The monies deposited in the fund pursuant to subsection B of this section shall be used to supplement the contributions required of all employers under the plan.  The minimum employer contribution that is paid and that is in excess of the normal cost plus the actuarially determined amount required to amortize the unfunded accrued liability as calculated pursuant to this subsection shall be used to reduce future employer contribution increases and shall not be used to pay for an increase in benefits that are otherwise payable to members.  The board shall separately account for these monies in the fund. In any fiscal year, an employer's contribution to the plan in combination with member contributions may not be less than the actuarially determined normal cost for that fiscal year.  After the close of any fiscal year, if the plan's actuary determines that the actuarial valuation of the fund contains excess valuation assets and is more than one hundred per cent percent funded, the board shall account for fifty per cent percent of the excess valuation assets in a stabilization reserve account.  After the close of any fiscal year, if the plan's actuary determines that the actuarial valuation of the fund has a valuation asset deficiency and an unfunded actuarial accrued liability, the board shall use any valuation assets in the stabilization reserve account, to the extent available, to limit the decline in the fund's funding ratio to not more than two per cent percent.

E.  The department of administration and the treasurer of each county and participating city and town shall transfer to the board the contributions provided for in subsections A and C and D of this section within ten working days after each payroll date.  The state, county treasurers and clerks of the superior court shall transfer the monies credited under subsection B of this section to the board on or before the fifteenth day of each calendar month that follows the month in which the court fees were collected.  Contributions and monies credited under subsection B of this section and transferred after these dates shall include a penalty equal to ten per cent percent a year, compounded annually, for each day that the contributions or monies credited under subsection B of this section are late.  Delinquent payments due under this subsection, together with interest charges as provided in this subsection and court costs, may be recovered by action in a court of competent jurisdiction against the person or persons responsible for the payments or, at the request of the board, may be deducted from any other monies, including excise revenue taxes, payable to a political subdivision by any department or agency of this state.  If requested by the board, the state, county treasurers or clerks of the superior court shall transfer the monies credited under subsection B of this section, in an amount determined by the board, directly to the qualified governmental excess benefit arrangement established pursuant to section 38‑803.01.

F.  The employer shall pay the member contributions required of members on account of compensation earned after August 7, 1985.  The paid contributions shall be treated as employer contributions for the purpose of determining tax treatment under the United States internal revenue code.  The effective date of the employer payment shall not be before the date the retirement plan has received notification from the United States internal revenue service that pursuant to section 414(h) of the United States internal revenue code the member contributions paid will not be included in gross income for income tax purposes until the paid contributions are distributed by refund or pension payments.  The employer shall pay the member contributions from monies established and available in the retirement deduction account, which monies would otherwise have been designated as member contributions and paid to the retirement plan.  Member contributions paid pursuant to this subsection shall be treated for all other purposes, in the same manner and to the same extent, as member contributions made before August 7, 1985.

G.  The amount contributed by a member pursuant to subsection A of this section is: 

1.  Through June 30, 2011, seven per cent percent of the member's gross salary.

2.  For fiscal year 2011‑2012, ten per cent percent of the member's gross salary.

3.  For fiscal year 2012‑2013, eleven and one‑half per cent percent of the member's gross salary.

4.  For fiscal year 2013‑2014 and each fiscal year thereafter, thirteen per cent percent of the member's gross salary.

H.  For fiscal year 2011‑2012 and each fiscal year thereafter, the amount of the member's contribution that exceeds seven per cent percent of the member's compensation shall not be used to reduce the employer's contributions that are calculated pursuant to subsection C of this section.

I.  In fiscal years 2013‑2014 through 2042‑2043, the sum of $5,000,000 is appropriated in each fiscal year from the state general fund to the elected officials' retirement plan fund to supplement the normal cost plus an amount to amortize the unfunded accrued liability pursuant to subsection C of this section.  Monies appropriated pursuant to this subsection shall not be used to pay for an increase in benefits that is otherwise payable to members and shall only be used as specified in this subsection.  Monies appropriated pursuant to this subsection are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 2.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.