HB 1767-FN - AS INTRODUCED
2018 SESSION
18-2529
10/01
HOUSE BILL 1767-FN
AN ACT establishing a multiple employer public retirement plan.
SPONSORS: Rep. Chandley, Hills. 22; Rep. Williams, Hills. 4
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes a multiple employer public retirement plan commission to develop and implement a voluntary retirement plan for certain employees who do not have an employment retirement plan.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2529
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT establishing a multiple employer public retirement plan.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; State Multiple Employer Public Retirement Plan. Amend RSA by inserting after chapter 11 the following new chapter:
CHAPTER 11-A
STATE MULTIPLE EMPLOYER PUBLIC RETIREMENT PLAN.
11-A:1 Commission Established; Multiple Employer Public Retirement Plan; Membership. There is hereby established the multiple employer public retirement plan commission to develop specific recommendations concerning the design, creation, and implementation of a multiple employer plan (MEP) and to oversee the MEP implementation under RSA 11-A:2.
I. The commission shall be composed of:
(a) The state treasurer, or designee, who shall be the chairperson of the commission.
(b) The commissioner of labor, or designee.
(c) The commissioner of business and economic affairs, or designee.
(d) An individual with private sector experience in the area of providing retirement products and financial services to small businesses, appointed by the speaker of the house of representatives.
(e) An individual with experience or expertise in the area of the financial needs of an aging population, appointed by the governor.
(f) An individual with experience or expertise in the area of the financial needs of youth or young working adults, appointed by the governor.
(g) A representative of employers, appointed by the president of the senate.
(h) A representative of employees who currently lack access to employer-sponsored retirement plans, appointed by the governor.
II. Except for the ex officio members, members shall be appointed for 2-year terms. Members of the commission shall be reimbursed at the state employee rate for mileage for attendance at meetings of the commission.
11-A:2 Duties of the Commission.
I. The commission established in RSA 11-A:1 shall develop specific recommendations concerning the design, creation, and implementation time line of the multiple employer public retirement plan, including the following:
(a) The plan shall be available on a voluntary basis to:
(1) Employers with 50 employees or fewer that do not currently offer a retirement plan to their employees; and
(2) Self-employed individuals.
(b) The plan shall automatically enroll all employees of employers that choose to participate in the MEP.
(c) The plan shall allow employees the option of withdrawing their enrollment and ending their participation in the MEP.
(d) The plan shall be funded by employee contributions with an option for future voluntary employer contributions.
(e) The multiple employer public retirement plan shall be overseen by the commission which shall:
(1) Set program terms;
(2) Prepare and design plan documents; and
(3) Be authorized to appoint an administrator to assist in the
selection of investments, managers, custodians, and other support services.
II. The commission shall oversee the administration of the MEP, and shall study and make specific recommendations concerning:
(a) Options to provide access to retirement plans to individuals who are not eligible to participate in, or choose not to participate in, the multiple employer public retirement plan, including alternative plans and options vetted by the commission and which private sector plans and options shall be provided through a marketplace implemented no earlier than one year after the MEP begins.
(b) Options for paying for the costs of administering the MEP for the period during which program costs may exceed revenues, including allowing financial service providers to subsidize costs in exchange for longer term contracts.
(c) If after 3 years there remain significant numbers of citizens of New Hampshire who are not covered by a retirement plan, methods to increase participation in the MEP.
(d) Any other issue the commission deems relevant.
III. The commission shall:
(a) Continue monitoring United States Department of Labor guidance concerning State Savings Programs for Non-Governmental Employees regarding ERISA rules and other pertinent areas of analysis;
(b) Further analyze the relationship between the role of states and the federal government; and
(c) Continue its collaboration with educational institutions, other states, and national stakeholders.
IV. The commission shall have the assistance of the staff of the department of the treasury, the department of labor, and the department of business and economic affairs.
V. On or before November 1, 2018, the commission shall report its findings and any recommendations for legislative action to the speaker of the house of representatives, the senate president, and the governor. In its report, the commission shall state its findings as to the matters set forth in paragraphs I- III.
11-A:3 Implementation of the MEP.
I. The state of New Hampshire shall, consistent with federal law and regulation, adopt and implement a voluntary multiple employer plan (MEP) public retirement plan, which shall remain in compliance with federal law and regulations once implemented.
II. The plan shall be designed and implemented based upon the following guiding principles:
(a) Simplicity: the plan should be easy for participants to understand.
(b) Affordability: the plan should be administered to maximize cost effectiveness and efficiency.
(c) Ease of access: the plan should be easy to join.
(d) Trustworthy oversight: the plan should be administered by an organization with unimpeachable credentials.
(e) Protection from exploitation: the plan should protect its participants, particularly the elderly, from unscrupulous business practices and individuals.
(f) Portability: the plan should not depend upon employment with a specific firm or organization.
(g) Choice: the plan should provide sufficient investment alternatives to be suitable for individuals with distinct goals, but not too many options to induce analysis paralysis.
(h) Voluntary: the plan should not be mandatory but auto-enrollment should be used to increase participation.
(i) Financial education and financial literacy: the plan should assist the individual in understanding his or her financial situation.
(j) Sufficient savings: the plan should encourage adequate savings in retirement combined with existing pension savings and Social Security.
(k) Additive not duplicative: the plan should not compete with existing private sector solutions.
(l) Use of pretax dollars: contributions to the plan should be made using pretax dollars.
III. The commission shall, beginning on the first January 1 after implementation and every January 1 thereafter, report to the speaker of the house of representatives, the senate president, and the governor concerning the MEP, including:
(a) The number of employers and self-employed individuals participating in the plan;
(b) The total number of individuals participating in the plan;
(c) The number of employers and self-employed individuals who are eligible to participate in the plan but who do not participate;
(d) The number of employers and self-employed individuals, and the number of employees of participating employers who have ended their participation during the preceding 12 months;
(e) The total amount of funds contributed to the plan during the preceding 12 months;
(f) The total amount of funds withdrawn from the plan during the preceding 12 months;
(g) The total funds or assets under management by the plan;
(h) The average return during the preceding 12 months;
(i) The costs of administering the plan;
(j) The commission’s assessment concerning whether the plan is sustainable and viable; and
(k) Any other information the commission considers relevant.
IV. Subject to approval by the commission, the date of implementation for the New Hampshire multiple employer public retirement plan shall be on or before January 1, 2020.
2 Effective Date. This act shall take effect 60 days after its passage.
18-2529
11/21/17
HB 1767-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a multiple employer public retirement plan.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill establishes a Multiple Employer Retirement Plan Commission to oversee the administration and implementation of an MEP to provide access to a voluntary retirement plan for employers with 50 employees or fewer that do not currently offer a retirement plan to their employees and self-employed individuals. The Commission will be also be responsible for monitoring various regulatory requirements and providing reports to required stakeholders.
Treasury anticipates the need to hire additional staff to support the work of the Commission. An indeterminable amount of additional resources will be necessary to meet the minimum fiduciary responsibilities of the MEP. Based upon the examples of the Deferred Compensation Plan and the New Hampshire Retirement System, Treasury anticipates the Commission would need to procure the services of an investment consultant, a record keeping company, a custodian, an external auditor, legal counsel (either through the Department of Justice or outside counsel), and hire at least one full-time employee with financial and investment expertise for the coordination and administration of the Plan, including responsibility for regulatory compliance (IRS, SSSA, ERISA, etc.). The initial costs could be significant as contributions accumulate, as most third party providers charge asset-based fees on a sliding scale that assesses higher amounts for lower asset levels. The legislation contains no appropriation and is silent in regard to funding, therefore, Treasury assumes administrative costs would be covered by a general fund appropriation to the Commission. In addition, Treasury anticipates that as Commission Chair, the Treasurer, or designee would need to dedicate an indeterminable amount of time for the implementation and administration of the MEP, in addition to a myriad of other current responsibilities. The administration and fiduciary responsibility of the MEP would further constrain the Treasurer's capacity to oversee core operations on a daily basis. Qualified staff would need to be hired to serve on the Commission and administer the responsibilities of the Commission, even further increasing the needed expenditures of the Treasury by an indeterminable amount.
The Department of Business and Economic Affairs and the Department of Labor are designated to serve on the Commission and provide staff assistance. Both departments would have indeterminable expenditures for mileage and staff assistance.
AGENCIES CONTACTED:
Treasury Department, Department of Business and Economic Affairs, and Department of Labor
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2018 | House | Hearing |
| Feb. 28, 2018 | House | Exec Session |
March 6, 2018: Refer for Interim Study: MA VV 03/06/2018 HJ 6 P. 41
March 6, 2018: Committee Report: Refer for Interim Study for 03/06/2018 (Vote 19-0; CC) HC 9 P. 23
: Committee Report: Refer for Interim Study (Vote 19-0; CC)
Feb. 28, 2018: Executive Session: 02/28/2018 LOB 306
Feb. 20, 2018: ==RESCHEDULED== Subcommittee Work Session: 02/20/2018 12:00 PM LOB 306
Feb. 14, 2018: ==CANCELLED== Subcommittee Work Session: 02/14/2018 10:15 AM LOB 306
Feb. 13, 2018: ==ROOM CHANGE== Public Hearing: 02/13/2018 11:30 AM LOB 202
Jan. 3, 2018: Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 22