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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, CALTAGIRONE, D. COSTA, GABLER, MURT, RAPP, ROAE AND VULAKOVICH, FEBRUARY 8, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 8, 2011 |
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| AN ACT |
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1 | Amending Title 71 (State Government) of the Pennsylvania |
2 | Consolidated Statutes, further providing for definitions and |
3 | for mandatory and optional membership; and providing for the |
4 | State Employees' Optional Retirement Program. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 5102 of Title 71 of the Pennsylvania |
8 | Consolidated Statutes is amended by adding a definition to read: |
9 | § 5102. Definitions. |
10 | The following words and phrases as used in this part, unless |
11 | a different meaning is plainly required by the context, shall |
12 | have the following meanings: |
13 | * * * |
14 | "State Employees' Optional Retirement Program." The |
15 | alternative defined contribution retirement program established |
16 | under Subchapter F of Chapter 59 (relating to State Employees' |
17 | Optional Retirement Program). |
18 | * * * |
19 | Section 2. Section 5301 of Title 71 is amended to read: |
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1 | § 5301. Mandatory and optional membership. |
2 | (a) Mandatory membership.--Membership in the system shall be |
3 | mandatory as of the effective date of employment for all State |
4 | employees except the following: |
5 | (1) Governor. |
6 | (2) Lieutenant Governor. |
7 | (3) Members of the General Assembly. |
8 | (4) Heads or deputy heads of administrative departments. |
9 | (5) Members of any independent administrative board or |
10 | commission. |
11 | (6) Members of any departmental board or commission. |
12 | (7) Members of any advisory board or commission. |
13 | (8) Secretary to the Governor. |
14 | (9) Budget Secretary. |
15 | (10) Legislative employees. |
16 | (11) School employees who have elected membership in the |
17 | Public School Employees' Retirement System. |
18 | (12) School employees who have elected membership in an |
19 | independent retirement program approved by the employer, |
20 | provided that in no case, except as hereinafter provided, |
21 | shall the employer contribute on account of such elected |
22 | membership at a rate greater than the employer normal |
23 | contribution rate as determined in section 5508(b) (relating |
24 | to actuarial cost method). For the fiscal year 1986-1987 an |
25 | employer may contribute on account of such elected membership |
26 | at a rate which is the greater of 7% or the employer normal |
27 | contribution rate as determined in section 5508(b) and for |
28 | the fiscal year 1992-1993 and all years after that at a rate |
29 | of 9.29%. |
30 | (13) Persons who have elected to retain membership in |
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1 | the retirement system of the political subdivision by which |
2 | they were employed prior to becoming eligible for membership |
3 | in the State Employees' Retirement System. |
4 | (14) Persons who are not members of the system and are |
5 | employed on a per diem or hourly basis for less than 100 days |
6 | or 750 hours in a 12-month period. |
7 | (15) Employees of the Philadelphia Regional Port |
8 | Authority who have elected to retain membership in the |
9 | pension plan or retirement system in which they were enrolled |
10 | as employees of the predecessor Philadelphia Port Corporation |
11 | prior to the creation of the Philadelphia Regional Port |
12 | Authority. |
13 | (16) Employees of the Juvenile Court Judges' Commission |
14 | who, before the effective date of this paragraph, were |
15 | transferred from the State System of Higher Education to the |
16 | Juvenile Court Judges' Commission as a result of an |
17 | interagency transfer of staff approved by the Office of |
18 | Administration and who, while employees of the State System |
19 | of Higher Education, had elected membership in an independent |
20 | retirement program approved by the employer. |
21 | (17) Any person who becomes a State employee on or after |
22 | July 1, 2011, and who elects to participate in the State |
23 | Employees' Optional Retirement Program under Subchapter F of |
24 | Chapter 59 (relating to State Employees' Optional Retirement |
25 | Program). |
26 | (b) Optional membership.--The State employees listed in |
27 | subsection (a)(1) through (11) shall have the right to elect |
28 | membership in the system; once such election is exercised, |
29 | membership shall continue until the termination of State |
30 | service. |
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1 | (c) Prohibited membership.--The State employees listed in |
2 | subsection (a)(12), (13), (14) [and], (15) and (17) shall not |
3 | have the right to elect membership in the system. |
4 | (d) Return to service.--An annuitant who returns to service |
5 | as a State employee shall resume active membership in the system |
6 | as of the effective date of employment, except as otherwise |
7 | provided in section 5706(a) (relating to termination of |
8 | annuities), regardless of the optional membership category of |
9 | the position. |
10 | (e) Election prohibited.--Notwithstanding subsections (a) |
11 | (13) and (c), county employees who are transferred to State |
12 | employment and become State employees pursuant to 42 Pa.C.S. § |
13 | 1905 (relating to county-level court administrators) shall not |
14 | have the election to remain a contributor in the retirement |
15 | system or pension plan of the county by which they were employed |
16 | prior to becoming eligible for membership in the State |
17 | Employees' Retirement System. Such employees shall be mandatory |
18 | members of the system provided they are otherwise eligible and |
19 | unless they are eligible for optional membership pursuant to |
20 | subsections (a)(1) through (11) and (b) or prohibited membership |
21 | pursuant to subsections (a)(14) and (c). |
22 | (f) Additional optional membership.--The State employees |
23 | listed in subsection (a)(16) shall be mandatory members of the |
24 | system as of the effective date of employment with the Juvenile |
25 | Court Judges' Commission unless they elect membership in an |
26 | independent retirement program approved by the Juvenile Court |
27 | Judges' Commission. Employees who elect membership in an |
28 | independent retirement program approved by the Juvenile Court |
29 | Judges' Commission shall be prohibited from being active members |
30 | in the system while employed by the Juvenile Court Judges' |
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1 | Commission. If an employee described in this subsection becomes |
2 | a State employee with an employer other than the Juvenile Court |
3 | Judges' Commission, then membership for that employee shall be |
4 | determined as otherwise provided for in this part. The election |
5 | of membership in the independent retirement program approved by |
6 | the Juvenile Court Judges' Commission must be made by the |
7 | transferred employee filing written notice with the employer |
8 | while a State employee no later than 90 days after the effective |
9 | date of this subsection. Upon receipt of such an election, the |
10 | Juvenile Court Judges' Commission shall certify the election to |
11 | the board and the independent retirement program. |
12 | Section 3. Chapter 59 of Title 71 is amended by adding a |
13 | subchapter to read: |
14 | SUBCHAPTER F |
15 | STATE EMPLOYEES' OPTIONAL RETIREMENT PROGRAM |
16 | Sec. |
17 | 5971. Definitions. |
18 | 5972. State Employees' Optional Retirement Program. |
19 | 5973. Powers and duties of board. |
20 | 5974. Taxation. |
21 | 5975. Investments and expenses. |
22 | 5976. Trust. |
23 | 5977. Investments. |
24 | 5978. Participant contributions. |
25 | 5979. Employer contributions. |
26 | 5980. Vesting. |
27 | § 5971. Definitions. |
28 | The following words and phrases when used in this subchapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Participant." A qualified employee who elects to |
2 | participate in the State Employees' Optional Retirement Program, |
3 | in lieu of becoming a member of the system. |
4 | "Program." The State Employees' Optional Retirement Program. |
5 | "Qualified employee." Any individual who becomes a State |
6 | employee on or after July 1, 2011, and who is not a member of |
7 | the system or a State employee categorized in section 5301(a) |
8 | (12), (13), (14) or (15) (relating to mandatory and optional |
9 | membership). |
10 | "Trust fund." The trust created under section 5976 (relating |
11 | to trust) to hold the assets of the program in trust for the |
12 | exclusive benefit of the program's participants and |
13 | beneficiaries and for the payment of reasonable expenses of the |
14 | program in accordance with section 5975 (relating to investments |
15 | and expenses) and IRC § 401. |
16 | § 5972. State Employees' Optional Retirement Program. |
17 | The board shall establish and administer an optional defined |
18 | contribution retirement program to be known as the State |
19 | Employees' Optional Retirement Program under which retirement |
20 | benefits will be provided for qualified employees who elect to |
21 | participate in the program in lieu of membership in the system. |
22 | The benefits to be provided for or on behalf of participants in |
23 | the program shall be provided through participant-directed |
24 | investments, in accordance with IRC § 401(a). Participants and |
25 | employers shall contribute to the program in accordance with |
26 | sections 5978 (relating to participant contributions) and 5979 |
27 | (relating to employer contributions). |
28 | § 5973. Powers and duties of board. |
29 | In order to establish and administer the program, the powers |
30 | and duties of the board shall include all of the following: |
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1 | (1) Entering into written agreements with financial or |
2 | other organizations to administer the program for |
3 | participants and to invest funds held under the program. The |
4 | program and any written agreement shall comply with the IRC, |
5 | including the plan qualification requirements imposed on |
6 | governmental plans under IRC § 401(a). |
7 | (2) Establishing procedures whereby qualified employees |
8 | may elect to participate in the program and participants may |
9 | change their investment choices on a periodic basis, as |
10 | determined by the board, which shall not be less frequently |
11 | than quarterly. |
12 | (3) Arranging for a deduction, from the compensation of |
13 | participants, of employee contributions to the program. |
14 | (4) Establishing standards or criteria for selection by |
15 | the board of the financial institutions, insurance companies |
16 | or other organizations that may be qualified as managers, on |
17 | behalf of the board, of funds accumulated under the program |
18 | on behalf of any participant. |
19 | (5) Establishing standards and criteria for the |
20 | providing of options to qualified employees and participants |
21 | concerning the method of investing amounts accumulated under |
22 | the program if the options include a diversified mix of low- |
23 | cost investment products that span the risk-return spectrum. |
24 | (6) Establishing standards and criteria for informing |
25 | qualified employees and participants of specific options |
26 | offered by qualified managers. |
27 | (7) Designing a comprehensive, balanced and impartial |
28 | educational program to assist qualified employees and |
29 | participants in their choice of investment options under the |
30 | program, which shall include retirement planning education |
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1 | and financial planning guidance on matters such as investment |
2 | diversification, investment risks, investment costs and asset |
3 | allocation. |
4 | (8) Establishing standards and criteria for the |
5 | disclosure to qualified employees and participants of the |
6 | anticipated and actual income attributable to the amounts, |
7 | property and rights and all fees, costs and charges to be |
8 | made against the amounts accumulated to cover the costs of |
9 | administering and managing the funds. |
10 | (9) Establishing processes for election to participate |
11 | in the program. The election period shall begin on the date |
12 | that an individual becomes a qualified employee and shall end |
13 | 90 days from that date. |
14 | (10) Performing an annual review of any qualified fund |
15 | manager for the purpose of assuring it continues to meet all |
16 | standards and criteria established. |
17 | (11) Establishing procedures whereby any participant may |
18 | do one of the following: |
19 | (i) Withdraw accumulated amounts in cases of |
20 | financial hardship or separation of a participant from |
21 | State service or as otherwise permitted under the IRC. |
22 | (ii) Dispose of a participant's account under a |
23 | domestic relations order unless in conflict with the IRC. |
24 | (12) Administering the program in compliance with the |
25 | IRC. |
26 | (13) Promulgating regulations necessary to administer |
27 | this subchapter. |
28 | § 5974. Taxation. |
29 | All amounts deferred under the program shall constitute |
30 | taxable income for purposes of the act of March 4, 1971 (P.L.6, |
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1 | No.2), known as the Tax Reform Code of 1971, and shall |
2 | constitute taxable income for State and local earned income |
3 | taxes. |
4 | § 5975. Investments and expenses. |
5 | The board shall not be responsible for any investment loss |
6 | incurred in the program or for failure of any investment to earn |
7 | any specific or expected return or to earn as much as any other |
8 | investment opportunity, whether or not the other investment |
9 | opportunity was offered to participants in the program. The |
10 | expenses arising from allowing qualified employees to elect to |
11 | participate in the program and participants to choose a fund |
12 | manager, deduct from compensation amounts contributed under the |
13 | program and transfer to the fund manager amounts so deducted |
14 | shall be borne by the board. All other expenses arising from the |
15 | administration of the program shall be assessed against the |
16 | accounts created on behalf of participants either by the fund |
17 | managers or by the board. |
18 | § 5976. Trust. |
19 | (a) Establishment.--All assets and income that have been or |
20 | shall be withheld by the employer in accordance with this |
21 | subchapter shall be held in trust in any funding vehicle |
22 | permitted by applicable provisions of the IRC for the exclusive |
23 | benefit of the program's participants and their beneficiaries |
24 | until the time when the funds are distributed to the participant |
25 | or the participant's beneficiary in accordance with the terms of |
26 | the agreement between the participant and the board. All such |
27 | assets and income withheld by the employer shall be held in |
28 | trust as set forth in this subsection in a special fund created |
29 | within the State Treasury of which the State Treasurer shall be |
30 | custodian. |
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1 | (b) Trustees.--The members of the board shall be the |
2 | trustees of the trust established under subsection (a). |
3 | (c) Attachment.--Notwithstanding any other provision of law, |
4 | any benefit or interest available under the program, any right |
5 | to receive or direct payments under the program or any |
6 | distribution of payment made under the program shall not, except |
7 | as expressly specified by the program, be subject to assignment, |
8 | alienation, garnishment, attachment, transfer, anticipation, |
9 | sale, mortgage, pledge, hypothecation, commutation, execution or |
10 | levy, whether by voluntary or involuntary act of any interested |
11 | person. |
12 | § 5977. Investments. |
13 | Investment of contributions by any corporation, institution, |
14 | insurance company or custodial bank that the board has approved |
15 | shall not be unreasonably delayed, and in no case shall the |
16 | investment of contributions be delayed more than 30 days from |
17 | the date of payroll deduction to the date that funds are |
18 | invested. Any interest earned on the funds pending investment |
19 | shall be allocated to the Commonwealth and credited to the |
20 | accounts of participants who are then participating in the |
21 | program unless the interest is used to defray administrative |
22 | costs and fees that would otherwise be required to be borne by |
23 | participants who are then participating in the program. |
24 | § 5978. Participant contributions. |
25 | Regular participant contributions shall be made to the |
26 | program on behalf of each active member for current service in |
27 | an amount equal to 6% of the participant's compensation. The |
28 | employer shall cause required participant contributions for |
29 | current service to be made and deducted from each payroll. |
30 | § 5979. Employer contributions. |
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1 | The Commonwealth or any other employer of a participant shall |
2 | make payments to the trust fund on behalf of the participant in |
3 | an amount equal to 6% of the participant's total compensation. |
4 | § 5980. Vesting. |
5 | A participant shall be vested after completing one year of |
6 | State service during which he or she is a participant in the |
7 | program with respect to employer contributions paid on behalf of |
8 | the participant to the program plus interest and earnings on the |
9 | employer contributions but minus investment fees and |
10 | administrative charges. |
11 | Section 4. This act shall take effect immediately. |
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