Revision: March 24, 2022, 8:13 a.m.
Senate Executive Departments and Administration
March 23, 2022
2022-1214s
10/08
Amendment to HB 1318-FN-LOCAL
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Retirement System; Employers; Penalty for Noncompliance. Amend RSA 100-A:16 by inserting after paragraph VII the following new paragraph:
VIII. Any employer who fails to provide, within 30 days of a written request, any information required for the proper administration of the retirement system, including, but not limited to, termination forms; other information necessary to process a member’s retirement application; information relating to service credit purchases; and information necessary to perform employer audits and process record corrections arising therefrom, shall be subject to a noncompliance penalty of $200 per day. Before a penalty is assessed, the board shall notify the employer in writing of the noncompliance, identifying the reasons for the finding of noncompliance, and shall request the employer to explain to the board in writing within 30 days of the notification how the noncompliance occurred. Upon expiration of the 30-day period, the board may impose all or a portion of the penalty provided for in this paragraph, unless there is a showing that the employer did not willfully, intentionally, through gross negligence, or through a pattern of negligence, fail to provide the information as requested.
2022-1214s
AMENDED ANALYSIS
This bill establishes a penalty for noncompliance with certain requirements for administration of the retirement system applicable to retirement system employers.