Revision: March 24, 2011, midnight
SB 75-FN – AS INTRODUCED
2011 SESSION
10/09
SENATE BILL 75-FN
AN ACT relative to notification by the retirement system to the department of administrative services of law and rule changes; the availability of public documents of the retirement system; and clarification of part-time service.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Gallus, Dist 1; Sen. Odell, Dist 8; Sen. Larsen, Dist 15; Rep. Goley, Hills 8; Rep. D. Sullivan, Hills 8
COMMITTEE: Executive Departments and Administration
This bill requires the retirement system to consult and advise the department of administrative services on any legislative measure or administrative rule affecting state employees or the retirement system’s cost to the state. The bill requires the retirement system to post public documents on their website prior to a public meeting. The bill also provides that part-time classified state employees shall not participate in the retirement system on the basis of such part-time employment.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0525
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to notification by the retirement system to the department of administrative services of law and rule changes; the availability of public documents of the retirement system; and clarification of part-time service.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Retirement System Administration. Amend RSA 100-A:14 by inserting after paragraph XII the following new paragraphs:
XII-a.(a) Prior to the filing of any proposed administrative rule which would affect state employees or affect the retirement system’s cost to the state, and prior to requesting sponsorship of any legislative measure regarding the retirement system which would have such an affect, the executive director of the retirement system shall consult with the department of administrative services regarding such rule or legislative measure. In addition, the executive director shall promptly advise the department of administrative services of any legislative measure affecting the retirement system of which he or she becomes aware that affects state employees or affects the retirement system’s cost to the state.
(b) The executive director shall directly notify the commissioner of the department of administrative services and the director of personnel within 10 days of the introduction, and within 30 days of the enactment, of any legislative measure relative to the retirement system which would affect state employees or affect the retirement system’s cost to the state. The executive director shall also directly notify the commissioner of the department of administrative services and the director of personnel within 10 days of the filing of any proposed administrative rule, and within 30 days of the adoption, readoption, amendment, readoption with amendment or repeal of any rule under RSA 541-A, which would affect state employees, or which would affect the retirement system’s cost to the state.
(c) For the purposes of this paragraph:
(1) “Legislative measure” means any bill or joint resolution introduced in the New Hampshire general court or any proposed amendments to bills or joint resolutions introduced in the general court, and any proposed or adopted bill introduced in either house of the United States Congress as well as any regulations proposed or adopted thereunder;
(2) “Proposed administrative rule” means any rule adoption, readoption, amendment, readoption with amendment, or repeal proposed by the retirement system, including amendments to proposed rules, under RSA 541-A.
XII-b.(a) Prior to any public meeting of the board of trustees, any of the board’s subcommittees, the independent investment committee established by RSA 100-A:14-b, or any commission established in RSA 100-A, the retirement system shall post on its public website:
(1) The agenda for the meeting; and
(2) All documents that are public and not confidential in nature which are distributed to members of the board, committee, subcommittee, or commission in preparation for the meeting, or which it is anticipated will be distributed to board, committee, subcommittee, or commission members at the meeting.
(b) The posting required by subparagraph (a) shall be made not less than 5 days prior to the meeting, unless shorter advance notice of the meeting is allowed by law and is actually provided to the members of the board, committee, subcommittee, or commission. In the case of a meeting noticed less than 5 days prior to the meeting, the posting shall be made at the time the notice is issued.
2 New Section; Participation Standards; Classified State Employees. Amend RSA 100-A by inserting after section 28-b the following new section:
100-A:28-c Participation Standards; Classified State Employees.
I. In order to be eligible for participation in the retirement system, a person who is a classified employee of the state or of any department, commission, institution, or agency of the state government, must be employed in a full-time position with the state or a department, commission, institution or agency of the state government, as defined by the department of administrative services, division of personnel. Employment by a classified employee in one or more part-time positions, as defined by the department of administrative services, division of personnel, shall not result in such employee’s participation in the system, regardless of the number of hours worked in one or more part-time positions; regardless of whether the part-time position or positions may in some instances qualify for vacation pay, sick pay, or other benefits, and regardless of whether positions are held within one or more departments, commissions, institutions, or agencies.
II. Employment by a permanent full-time classified employee of any department, commission, institution, or agency of the state government in a part-time position with a different department, commission, institution, or agency of the state government shall not result in retirement contributions being made in regard to the part-time position, nor shall that position be considered for the purposes of the member’s participation in the retirement system.
III. Solely part-time state employment by a classified employee shall not entitle the person to benefits under this chapter or under RSA 21-I:30, RSA 21-I:30-a, or RSA 21-I:32.
IV. To the extent that any administrative rule of the New Hampshire retirement system is inconsistent with the provisions contained this section, the operation of that rule is hereby suspended.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0525
Revised 03/24/11
SB 75-FN - FISCAL NOTE
AN ACT relative to notification by the retirement system to the department of administrative services of law and rule changes; the availability of public documents of the retirement system; and clarification of part-time service.
FISCAL IMPACT:
The New Hampshire Retirement System states this bill will have an indeterminable fiscal impact on state general fund and restricted revenues in FY 2012 and each year thereafter. The Department of Administrative Services states this bill will have no fiscal impact in FY 2012 and each year thereafter.
METHODOLOGY:
The New Hampshire Retirement System (NHRS) states this bill requires the retirement system to consult and advise the Department of Administrative Services (DAS) on any legislative measure or rule affecting state employees or NHRS costs to the state and to post public documents on the Retirement System’s website prior to a public meeting. This bill also provides that part-time classified state employees cannot participate in the NHRS on the basis of part-time employment. The NHRS anticipates it will be able to absorb costs related to the requirement to advise the DAS regarding administrative rules and General Court legislative action affecting state costs. However, the NHRS states it may require additional human resources to track and notify DAS regarding proposed General Court amendments and to report on all federal legislation and regulations affecting the state, which may increase state general and restricted fund expenditures in FY 2012 and each year thereafter. Additionally, the NHRS states restricting participation in the Retirement System should have the effect of reducing state contributions to the system. However, because the exact number of employees who qualify for retirement benefits on the basis of part-time employment is unknown, the exact fiscal impact cannot be determined at this time.
The Department of Administrative Services states in practice, eligible part-time state employees are not currently participating in NHRS or receiving retirement health benefits; therefore there will be no fiscal impact on state general or restricted funds in FY 2012, and each year thereafter.