ELECTED OFFICIALS’ RETIREMENT PLAN
2004 PROPOSED LEGISLATION

Updated June 7, 2004

FINAL

 

***The 46th Legislature, Second Regular Session, adjourned sine die Wednesday, May 26, 2004 at 9:58 pm.*** 

 

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

 

 

H 2083  Retirement; EORP; Joinder Agreements

 

States that if a governing body has purchased prior service for one elected official for the time of service prior to an executed joinder agreement with EORP, then the governing body must provide benefits to all eligible elected officials if no retirement benefits were in effect during the time of service being redeemed.  States that time of service prior to August 18, 1987 may not be redeemed by the governing body.   Prohibits the governing body from paying into the fund all or any part of the amount to provide benefits for former elected officials for the time of service prior to the joinder agreement.

Sponsor: Rep. Huppenthal

 

Current Action: 3/3 from House gov-ret with amend #3500; 3/9 from House rules okay; 3/10 House COW approved with amend #3500; note short title change; 3/11 passed House 57-0; ready for Senate; 3/17 referred to Senate fin; 3/24 from Senate fin with amend #3992; 3/30 from Senate rules okay; 3/31 further referred to Senate jud; 4/8 from Senate jud with amend #4206.  STRIKER AMENDMENT

 

 

H 2185  State Sick Leave Pay, Direct Transfer

 

Upon retirement, a state or county officer or employee may elect to have accumulated sick leave payouts transferred directly to an eligible retirement plan.

Sponsor: Rep. L. Gray

 

Current Action: 1/19 referred to House educ, gov-ret; 1/21 from House educ do pass; 1/27 from House gov-ret do pass; 2/4 to House consent calendar; 2/4 stricken from House consent calendar by L. Gray; 2/5 from House rules okay; 2/12 retained on House COW calendar; 2/19 retained on House COW calendar; 2/26 House COW approved with floor amend #3409; 3/3 passed House 57-0; ready for Senate; 3/4 referred to Senate gov; 3/16 Senate gov held; 3/23 Senate gov held; 4/7 from Senate gov with amend #4178; 4/13 from Senate rules okay.  STRIKER AMENDMENT

 

 

H 2361  State Agencies, Outside Council, Procurement

 

State agencies authorized to retain outside counsel to perform legal services must comply with provisions of the state procurement code and must submit copies of the RFP and name of the proposed outside counsel to JLBC.  At conclusion of the proceeding, outside counsel must submit a detailed statement of hours worked, expenses, etc.  If the proceeding is a contingent fee case, the state agency is prohibited from paying an hourly rate in excess of $500.

Sponsor: Rep. Biggs

 

Current Action: 1/28 referred to House gov-ret, appro; 2/10 House gov-ret held.

 

 

H 2375  Judges; Appellate, Elections

 

All Appeals Court Judges must be elected (previously those in Division One were appointed and then required to stand for retenetion).  Enactment conditional on passage of a constitutional amendment to repeal the merit selection of judges and to provide for their direct election by the voters.

Sponsor: Rep. C. Gray

 

Current Action: 1/26 referred to House jud; 2/26 from House jud with amend #3390.  STRIKER AMENDMENT

 

 

H 2386  Superior Court Judges, Election

 

Provides for the election of all county judges, conditional on the passage of a constitutional amendment.  Currently, superior court judges in rural counties are elected; in Maricopa and Pima superior court judges are appointed by the governor from a list of people recommended by a nominating commission.

Sponsor:  Rep. C. Gray

 

Current Action: 1/26 referred to House jud; 2/12 House jud held.

 

 

H 2433  Health Care District; Self Insurance

 

Allows special health care districts and other special districts in Maricopa County whose governing board is the county board of supervisors to establish a self-insurance program.

Sponsor: Rep. Hanson

 

Current Action: 1/28 referred to House gov-ret, fin-ins; 2/10 from House gov-ret with amend #3137; 3/3 from House fin-ins with amend #3502; 3/9 from House rules okay; 3/10 House COW approved with amend #3137 and #3502; note short title change; 3/11 passed House 40-18; ready for Senate; 3/18 referred to Senate gov; 4/7 from Senate gov do pass; 4/12 to Senate consent calendar; 4/13 from Senate rules okay; 4/15 passed Senate 26-3; ready for governor; 4/23 signed by governor. Chap. 141, Laws 2004.

 

 

H 2447  Administration Dept Insurance

 

Authority for the sate Dept of Administration to self-insure for health and accident coverage for state officers and employees is repealed.

Sponsor: Rep. Pearce

 

Current Action: 1/29 referred to House gov-ret, appro; 2/10 House gov-ret held.

 

 

H 2596  State Employees; Active Military

 

Military reservists who are state employees and are called to active service as a result of a declaration of an emergency by the President or governor are automatically given a leave of absence.  The state will make up the difference between the person’s state pay and his/her military pay.  This bill repeals and replaces a similar provision in Laws 2002, Ch. 321 that is set to expire July 1, 2004.  Retroactive to Sept. 1, 2002.

Sponsor: Rep. A. Aguirre

 

Current Action: 2/11 referred to House com-mil, appro.

 

 

H 2599  Retirement; ASRS, Retiree Health Insurance

 

Group health insurance offered by ASRS shall have comparable premiums, deductibles and co-payments for all participants regardless of where they live in the state.

Sponsor: Rep. Konopnicki

 

Current Action: 2/11 referred to House gov-ret, appro.

 

 

H 2600  Retiree Health Insurance Study

 

Legislative Council shall contract with a private entity to perform a study on various alternatives to provide health care coverage to retirees, including the feasibility of a single health insurance program for retirees of all state retirement plans or of allowing retirees to remain in the same health care plan as their previous employers; others.  Report due Dec. 1, 2004.

Sponsor: Rep. Konopnicki

 

Current Action: 2/11 referred to House gov-ret, appro; 2/17 from House gov-ret do pass; 2/24 House appro held; 3/3 from House appro with amend #3505.

 

 

H 2650  Investment Protection Committee

 

Establishes an Investment Protection Committee, in conjunction with the State Treasurer, to share information and ideas between the State Compensation Fund (SCF), the Arizona State Retirement System (ASRS), and the Public Safety Personnel Retirement System (PSPRS) to collectively improve the return on investments and to reduce the risks of investments within the participating groups.

Sponsor: Rep. Rosati

 

Current Action: 2/12 referred to House gov-ret, pub inst-county; 2/24 from House gov-ret do pass; 3/2 from House pub inst-county with amend #3470.

 

 

H 2666  Retirement; Elected Officials & Judges

 

After Jan. 1, 2005, whether elected or appointed, the following are required to become members of the Arizona State Retirement System (ASRS): state and county elected officials, justices and judges of the supreme court, appellate courts and the superior court, full-time superior court commissioners.  Provisions for local government joinder agreements with the EORP and for transfer of charter city retirement credits to EORP are repealed. 

Sponsor: Rep. Pearce

 

Current Action: 2/16 referred to House gov-ret, appro.

 

 

HCR  2038  Justices & Judges Retirement Age

 

The 2004 general election ballot is to carry the question of amending the state constitution to extend the mandatory retirement age for justices and judges from 70 to 75.

Sponsor: Rep. Downing

 

Current Action: 2/16 referred to House jud; 2/19 House jud held.

 

 

HCR 2039  Judicial Retention; Two-Thirds Vote

 

The 2004 general election ballot is to carry the question of amending the state constitution to require that to be retained on the bench, a judge must receive a two-thirds vote (currently a simply majority); further to require that the judge’s political party affiliation appear on the ballot, and finally to provide that if the judge receives a number of votes against retention that is equal to a majority of all the ballots cast in the election, the judge’s seat is vacated at the end of the term (currently the seat is vacated if a majority of those voting on a particular judge’s retention vote no).

Sponsor: Rep. Biggs

 

Current Action: 2/11 referred to House jud; 2/12 House jud held; 2/19 House jud held.

 

 

HCR 2040  Judicial Appointment Commissions

 

The 2004 general election ballot is to carry the question of amending the state constitution to replace four of the five governor-appointed attorneys on the judicial appointments commissions with attorneys appointed by the Senate president (2) and House speaker (2), to delete the requirement that the attorneys be chosen from lists of nominees prepared by the state Bar, to forbid justices and judges lobbying on behalf of any nominee, and to keep the chief justice as chairman of the commissions but to make the chief a non-voting member.  (NB.  There are 3 commissions at the moment – one for the appellate courts and one for the superior court in each county with a population of 250,000 or more; there are 2 such counties today: Maricopa and Pima.)

Sponsor: Rep. Biggs

 

Current Action: 2/11 referred to House jud; 2/12 House jud held; 2/19 House jud held.

 

 

S 1176  Retirement; ASRS, Retiree Health Insurance

 

Premiums, coverage, co-pay costs, and deductible amounts for health insurance offered by ASRS for its retirees must be comparable for all eligible persons in the state.

Sponsor: Sen. Arzberger

 

Current Action: 1/27 referred to Senate fin, appro; 2/23 Senate fin held; 3/4 from Senate fin with amend #3526.

 

 

S 1192  Retiree Health Insurance Study

 

JLBC will contract with a private entity to conduct a study and make recommendations on various suggestions to provide a single health insurance plan for retirees in all four state retirement systems.

Sponsor: Sen. Arzberger

 

Current Action: 1/27 referred to Senate fin, appro; 2/24 from Senate fin do pass.

 

 

S 1195  Retirement; EORP Eligibility

 

Statutes governing EORP are revised to allow a member who is 62 to qualify for benefits with a minimum of 8 years, instead of 10 years, of credited service.

Sponsor: Sen. Anderson

 

Current Action: 1/27 referred to Senate fin, appro; 2/24 from Senate fin do pass.

 

 

S 1290  Retirement; State, Retiree Health Insurance

 

Retired members must provide written evidence of health care coverage to the fund manager before the fund begins payment of the health care insurance subsidy.

Sponsor: Sen. Martin

 

Current Action: 2/3 referred to Senate fin; 2/24 from Senate fin do pass; 3/1 to Senate consent calendar; 3/2 from Senate rules okay; 3/3 stricken from Senate consent calendar by Sen. Martin; 3/11 retained on Senate COW calendar.

 

 

S 1336  County Elected Officials; Salaries

 

Salaries for 7 categories of elected county officials (attorney, assessor, recorder, sheriff, superintendent of schools, supervisor and treasurer) are increased, effective beginning of new terms (Jan. 1, 2005).

Sponsor: Sen. Bennett

 

Current Action: 2/4 referred to Senate gov; 2/11 from Senate gov do pass; 2/16 to Senate consent calendar; 2/17 from Senate rules okay; 2/23 passed Senate 26-3; ready for House; 3/2 referred to House pub inst-county; 3/9 from House pub inst-county do pass; 5/3 from House rules okay; 5/4 House COW approved; 5/5 passed House 44-13; ready for governor; 5/12 signed by governor. Chap. 227, Laws 2004.

 

 

S 1343  State Investment; Terrorist Ties

 

The state treasurer and the retirement system fund manager must report annually to the Legislature on the economic impact of global security risks of investments under their management, including a list of companies in their portfolios known or suspected of doing business in terrorist-sponsoring countries, the total amount invested in each company and an assessment of the level of global security risk based on the “prudent investor rule.”

Sponsor: Sen. Verschoor

 

Current Action: 2/4 referred to Senate fin; 3/1 Senate fin held; 3/4 from Senate fin with amend #3530; 3/9 from Senate rules okay; 3/11 Senate COW approved with amend #3530; 3/16 passed Senate 23-7; ready for House; 3/22 referred to House gov-ret, fin-ins; 3/30 from House gov-ret do pass; 3/30 House fin-ins held; 4/7 from House fin-ins with amend #4185; 4/15 from House rules okay; 4/15 House COW approved with amend #4185; passed House 49-6; ready for Senate action on House amendments; 5/3 Senate concurred in House amendments and passed on final reading 27-0; ready for governor; 5/10 signed by governor. Chap. 217, Laws 2004.

 

 

S 1366  Administration Dept Self-Insurance

 

If the state Administration Dept self-insures, it must include all mandated health coverage benefits as well as provide for grievance procedures for issues such as: treatment denials, creditable coverage determinations, dissatisfaction with care, and access to care.

Sponsor: Sen. Martin

 

Current Action: 2/5 referred to Senate fin; 2/17 from Senate fin do pass; 2/23 to Senate consent calendar; 2/23 stricken from Senate consent calendar by Leff; 2/24 from Senate rules okay; 2/26 Senate COW approved with floor amendment #3414; 3/1 passed Senate 27-0; ready for House; 3/4 referred to House gov-ret; 3/9 from House gov-ret do pass; 3/31 to House consent calendar; 3/31 stricken from House consent calendar by Rep. Carpenter; 4/1 from House rules okay; 4/8 retained on House COW calendar; 4/26 House COW approved with floor amend #4404; 4/29 passed House 49-2; ready for Senate action on House amendments; Senate refused to concur in House amendments and named Sen. Martin, Garcia and Leff to a FREE conference committee; 5/10 House named Rep. Huppenthal, Carpenter and Loredo to FREE conference committee; 5/26 House adopted conference report #4638. Senate adopted conference report #4638 and passed on final reading 28-0. Passed House on final reading 43-13; ready for governor; 6/3 signed by governor. Chap. 335, Laws 2004.

 

 

S 1380  Retirement; EORP, Peak Salary Years

 

Modifies the calculation period of “average yearly salary” to the average of any three consecutive years that yielded the highest average instead of three consecutive years in the last ten years.

Sponsor: Sen. Martin

 

Current Action: 2/5 referred to Senate fin; 2/24 from Senate fin with amend #3315; 3/2 from Senate rules okay; 3/4 Senate COW approved with amend #3315; note short title change; 3/8 passed Senate 18-12; ready for House; 3/16 referred to House gov-ret, appro; 3/25 withdrawn from House gov-ret and additionally referred to hel as the primary committee; 4/5 withdrawn from House appro; 4/8 from House hel with amend #4241.  STRIKER AMENDMENT