PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM

2008 LEGISLATIVE SESSION (ended June 27, 2008)

 

Bills become law on September 26, 2008 (unless stated otherwise)

 

 

Bills enclosed in a border have been passed or failed.
To review a bill in its entirety, please visit the State Legislature’s Website: www.azleg.state.az.us

 

 

 

 

H2029:            RETIREMENT; CORP; State Hospital

 

The list of state employees eligible to join the Corrections Officer Retirement Plan is expanded to include a list of designated positions at the Arizona State Hospital if the employee has “routine contact” with patients and if the director of the Department of Health Services executes a joinder agreement with CORP.  Provisions are made for the transfer of an employee’s credited service from another state retirement plan to CORP.  Effective on July 1 of the year that follows a June 30 actuarial valuation that CORP assets equal at least 100% of CORP liabilities.

 

Sponsor: Rep. Thrasher

 

Current Action:          Died in House.

 

 

 

 

 

H2056:            RETIREMENT; PSPRS; Global Security Risk

 

The Fund Manager of the Public Safety Personnel Retirement System must submit an annual report of the fund to the Senate Finance Committee on January 10 (formerly, reports were to be filed twice annually).

 

Sponsor:  Rep. McClure

 

Current Action:          Died in Senate.

 

 

 

 

 

H2058:            RETIREMENT; PSPRS; Local Boards; Procedures

 

Unless all parties to a dispute before a local board of the Public Safety Personnel Retirement System agree, the board shall commence a hearing on the dispute within 90 days after it is presented to the board; otherwise, the relief demanded by the petitioning party is deemed granted, subject to a timely request for a rehearing or appeal.  A claim or dispute presented prior to a local board’s adoption of rules of procedure shall be adjudicated under the Model Uniform Rules of Local Board Procedure issued by the fund manager’s fiduciary counsel.  Legal counsel employed by the local board owes its duty of loyalty to the board and not to the employer or any employee organization.  AS SIGNED BY GOVERNOR.

 

Sponsor:  Rep. McClure

 

Current Action:          4/22 signed by Governor.  Chapter 59, Laws 2008.

 

 

 

 

 

H2059:            RETIREMENT; PSPRS; Health Insurance Subsidy

 

Repeals law requiring employers of persons participating in the Public Safety Personnel Retirement System to pay a $25 monthly health insurance subsidy to retired members of PSPRS beginning July 1, 2008, if the member has opted for private health insurance.  Emergency clause.  AS PASSED HOUSE.  

 

Sponsor:  Rep. McClure

 

Current Action:          5/23 signed by Governor.  Chapter 233, Laws 2008.

 

 

 

 

 

H2116:            CORP; Joinders Agreements

 

Dispatchers who are designated to participate in the Corrections Officer Retirement Plan shall have all qualified credited service from any other state defined benefit retirement plan transferred to CORP as of the joinder date.  The amount of time within which a state defined benefit plan must transfer assets to CORP is increased to 90 days from 60 days.  AS SIGNED BY GOVERNOR.

 

Sponsor:  Rep. McClure

 

Current Action:       5/27 signed by Governor.  Chapter 242, Laws 2008.

 

 

 

 

 

H2117:            CORP; Disability Eligibility

 

Members of the Corrections Officers Retirement Plan (except full-time dispatchers) must contribute 8.41% of their salary to the plan until the year following a determination the plan is 100% funded at which time the member contribution rate falls to 7.96%.  (See HB2462, Section 3).  AS SIGNED BY GOVERNOR. 

 

Sponsor:  Rep. McClure

 

Current Action:          5/23 signed Governor.  Chapter 234, Laws 2008.

 

 

 

 

 

H2118:            CORP; Judiciary; Other Designated Positions

 

The definition of “designated position” for purposes of the Corrections Officer Retirement Plan is expanded to include positions created by the local board of the judiciary within the Administrative Office of the Courts that require direct contact with and primarily provide training or technical expertise to county probation, surveillance or juvenile detention officers if the position is filled by an employee who is a member of the plan currently employed in a designated position as a probation, surveillance or juvenile detention officer and who has at least 5 years of credited service under the plan.  Effective on July 1 of the fiscal year following a determination that CORP is 100% funded.

 

Sponsor:  Rep. McClure

 

Current Action:          Died in Senate.

 

 

 

 

 

H2119:            CORP; Tribal Dispatchers; Detention Officers

 

Detention officers employed by an Indian tribe may participate in the Corrections Officer Retirement Plan if the Indian tribe enters into a joinder agreement to bring its detention officers into CORP and complies with other statutory conditions.  Each participating Indian tribe that employs detention officers must have a local board for the local administration of the plan.  Effective on July 1 of the fiscal year following a determination that CORP is 100% funded.  AS PASSED HOUSE.

 

Sponsor:  Rep. McClure

 

Current Action:       Died in Senate.

 

 

 

 

 

H2120:            CORP; DPS Detention Officers

 

Permits detention officers employed by the Department of Public Safety to join the Corrections Officers Retirement Plan as long as the director of the department enters into a joinder agreement with CORP in accordance with the provisions of the plan.  The Department of Public Safety shall have a local board to administer the plan for its employees.  Effective on July of the fiscal year following a determination that CORP is 100% funded.  AS SIGNED BY GOVERNOR. 

 

Sponsor:  Rep. McClure

 

Current Action:       5/1 signed by Governor.  Chapter 144, Laws 2008.

 

 

 

 

 

H2151:            IRAN INVESTMENTS; Prohibition

 

The administrators of the state retirement plans (ASRS, PSPRS, CORP, EORP) and State Treasurer investments (all referred to as “public funds”) must annually make “reasonable efforts” to identify all “scrutinized companies” (defined) with activities in Iran in which the fund has direct holdings.  For each company identified, the public fund must send written notice that the company may become subject to divestment by the public fund and allow the company to clarify its Iran-related activities.  If the company continues activities in Iran after 180 days, the public fund must sell, redeem, divest or withdraw all publicly traded securities of the company according to a specified schedule.  Public funds cannot invest in scrutinized companies, with some exceptions.  Public fund managers are exempt from any conflicting statutory obligations with respect to actions taken in compliance with scrutinized company regulations.  Public contracts cannot be awarded to scrutinized companies.  Appropriates $30,000 and one-half FTE from the ASRS administration account in FY2008-09 to ASRS to implement this legislation.  Contains a conditional delayed repeal.  Effective May 23, 2008.  AS SIGNED BY GOVERNOR.

 

Sponsor:  Rep. Paton 

 

Current Action:          5/23 signed by Governor.  Chapter 235, Laws 2008.

 

 

 

 

 

H2479:            GOVERNMENTAL SWAP AGREEMENTS; Conditions

 

The minimum population requirement for a governmental entity to be permitted to enter into swap agreements is changed to allow any county and any municipalities that has more than 50,000 people.  (NOTE:  Swap agreements allow a government entity and a financial institution to cooperatively manage interest rate risk, investment risk or commodity prices.)  Additional requirements are imposed:  before a government may enter into a swap agreement with a financial institution, the government must establish a formal swap agreement policy, receive a statement from the financial institution disclosing pricing and terms, and engage an advisor who has at least five years of expertise in reviewing swap agreements to determine whether the specific agreement complies with the policy and is in the best interests of the government entity.  AS PASSED SENATE.

 

Sponsor:  Rep. Adams

 

Current Action:          6/26 Senate adopted conference report #5577.  House adopted conference report #5577 and passed on final reading 50 – 1.  Awaits Senate final vote.

 

 

 

 

 

H2705:            SUDAN; Investments; Business Operations; Prohibition  

 

Within 180 days of the effective date of this act, managers of public funds (the state treasurer and the managers of the state’s four retirement funds) shall make “reasonable efforts” to identify all companies within its investment portfolios that have contracts with or that provide goods or services to the government of Sudan.  Companies with active business operations in Sudan must be notified that unless its Sudan business operations are changed to inactive, the fund will sell or divest its investments according to a prescribed procedure and schedule.  Additionally, the state and political subdivisions must ensure that each contract entered into includes a clause that requires the contractor to certify it does not have active business operations in Sudan.  Self-repeals if certain conditions are met (e.g., a declaration by the Congress or President that Darfur genocide has ended) and in no case later than July 1, 2013.  AS SIGNED BY GOVERNOR.

 

Sponsor:  Rep. Sinema

 

Current Action:          3/10 signed by Governor.  Chapter 1, Laws 2008.

 

 

 

 

 

H2743:            REGISTERED DOMESTIC PARTNERS

 

Two persons who are at least 18 and who are neither related nor married may register a domestic partnership affidavit with the clerk of the court and thereupon be considered related and to have the same responsibilities and benefits as each party to a marriage, including community property, guardianship, conservatorship and life insurance.  Partners may register modifications to their agreement to the same extent as marriage partners who execute premarital agreements.  Partnerships may be dissolved in the same manner as marriage partners may be divorced.

 

Sponsor:  Rep. Sinema

 

Current Action:          Died in House.

 

 

 

 

 

S1030:             PSPRS; Firefighters

 

A full-time, paid firefighter employed by a corporation under contract with a Public Safety Personnel Retirement System employer may join the PSPRS if the employer elects to treat all or part of the person’s tenure as qualified service under the system.  The employer must execute a joinder agreement with the PSPRS.  An employee may pay the retirement system to have the person’s prior service included in retirement benefit calculations.  AS SIGNED BY GOVERNOR.

 

Sponsor:  Sen. Tibshraeny

 

Current Action:          5/20 signed by Governor.  Chapter 227, Laws 2008

 

 

 

 

 

S1043:             CORP; Judiciary; Other designated positions

 

The list of positions eligible to participate in the Corrections Officer Retirement Plan is expanded to include a person employed by the Administrative Office of the Courts who has been a member of CORP for a minimum of five years and who has assumed a new position whose responsibilities involve training county probation, surveillance or juvenile detention officers.  The person must make a written request to the local judicial board within 90 days of accepting the position.  AS SIGNED BY GOVERNOR. 

 

Sponsor:  Sen. Tibshraeny

 

Current Action:          5/12 signed by Governor.  Chapter 185, Laws 2008.

 

 

 

 

 

S1151:             PSPRS; Investments; Management

 

The PSPRS fund manager may appoint investment management (which must meet specified minimum requirements) and is authorized to commingle the assets of the other funds entrusted to its care (the Public Safety Personnel Retirement System and the Elected Officials Retirement Plan).  Emergency clause.  AS SIGNED BY GOVERNOR.

 

Sponsor:  Sen. Gray

 

Current Action:          4/29 signed by Governor.  Chapter 125, Laws 2008.

 

 

 

 

 

S1217:             CORP; Ordinary Disability

 

Repeals a conditional enactment clause in 2007’s  H2787 (Chapter 261, Section 17) pertaining to changes in the Corrections Officer Retirement Plan.  Effect is to make changes CORP members eligible for ordinary disability benefits immediately upon the effective date of this act rather than waiting until the year after aggregate CORP liability is determined to be 100% funded.

 

Sponsor:  Sen. Johnson

 

Current Action:       Died in Senate.

 

 

 

 

 

S1273:             ASRS; Payroll Deduction Agreements; Transfers

 

If an employee has made a qualified irrevocable election and transfers participation to another defined benefit retirement system or plan of this state without termination of employment, the Arizona State Retirement System shall transfer the total of any interest and principal paid by the transferred member for purchase of credited service within 90 days of the date of transfer.  An employee who made an eligible election prior to enactment of this act may elect to have his/her employee service credits transferred in accordance with this act within 1 year of the employee’s transfer to the subsequent retirement system or plan or within 1 year of the effective date of this act, whichever is later.  Emergency clause.