State Employee Issues at the Capitol

 

 The past few weeks have been busy at the Capitol for OPEA. The deadline passed for the Senate to hear House bills in committee. The House has one more week to hear Senate bills in committee. Below is a quick update on issues and a bill list.

 

Pensions

 

On March 24, OPEA made a presentation to the Senate Select Committee on Pensions. The Association recommended that legislation currently in the House and Senate should be amended to allow retirees to receive cost-of-living adjustments (COLAs) if a system is funded at 80 percent or above.

 

HB 2132, by Speaker Kris Steele and Rep. Randy McDaniel, and SB 891, by Sen. Mike Mazzei, would require COLAs to be funded by legislative appropriations and not by a retirement system’s investments. Under these bills, retirees would have to compete with state agencies, education and other spending priorities for increases to cover the rising cost of health care and other essentials. Both bills passed their opposite house committee but will move to conference committee after passing opposite chambers. Then a final bill must pass both the House and Senate.

 

OPEA supports a compromise that would allow COLAs to be funded through appropriations or from the retirement systems’ assets if the system is funded by at least 80 percent, according to its latest annual actuarial study. Pension experts have traditionally cited 80 percent as an acceptable measure of soundness in a system.

 

“OPEA is hoping to amend the legislation with the 80 percent change in conference committee,” said OPEA Executive Director Sterling Zearley.

 

The average OPERS retiree benefit is the lowest of the six public pension systems, at less than $15,000. Teacher pensions are next at $18,000. State employees whose average salary is $35,209 must work 27 years to earn a retirement benefit of $18,360.

 

In response to a recommendation by education groups that state assets should be sold to help fund the Teachers Retirement System (TRS), OPEA Executive Director told the Senate committee the state should not sell assets where state employees currently work to shore up the educators’ system.

 

To read OPEA’s position paper on this important issue click here.

 

Health Insurance


On March 31, Rep. Murphey presented a committee substitute for SB 190 (Aldridge, Murphey) to the House Government Modernization Committee containing language that changes the benefit allowance to the premium for the HealthChoice high deductible plan and the deductible for the plan ($1,500 per year). Employees would only receive the deductible when they choose the high deductible plan.

 

“State employees should not be forced to take a certain insurance product to receive all their benefit allowance,” said Zearley. “State employees have not received a pay raise in five years. While the benefit allowance calculation should be addressed, this is not the answer.”

 

The bill was heard in committee and passed only after Rep. Murphey agreed to strike the enacting clause and work with OPEA on changes.

 

“OPEA is working on proposals that maintain the benefit allowance at its current rate and makes it easier for state employees to use the high deductible/HSA plan,” said Zearley.

 

Other Bills of Interest

 

HB 1207 (Murphey, Sykes) is a government modernization bill providing for transparency and technology reform. OPEA was successful in amending the bill in committee to allow state employees to use shared leave during payroll lag in the new bi-weekly system. (Passed Senate Appropriations)

 

SB 259 (Coates, McNiel) raises the amount of negotiable bonds the Tourism Commission can issue from $5 million to $10 million. OPEA supports.  (Passed House Appropriations) 

 

SB 483 (Crain, Pam Peterson)  Originally, this bill stated legislative intent that agencies should privatize services and directed OKDHS to submit an annual privatization plan to state leaders.  A new version of the bill will be heard on Monday, April 11 in House Committee.  This version removes all the current language and deals with Areawide Aging Agencies.  (House Human Services Committee)

 

HB 1363 (Ron Peters, Jolley) requires the Health Care Authority to issue a request-for-proposal for the administration of the ADvantage waiver.  OPEA has worked to amend the bill to allow state employees who currently work in the ADvantage Administration Unit to compete for their jobs. (Passed Senate Appropriations)

 

HB 1359 (Peters, Brinkley) creates a 23-member task force to make recommendations to improve foster care.  The bill designates a position on the task force for an OPEA member who works in child welfare.  OPEA was successful in defeating legislation that would privatize child welfare earlier in session.  (Signed by the Governor)

17 comments (Add your own)

1. Lana Daugherty wrote:
Just wanted you to know that I appreciate what OPEA does for state employees. Thanks!!

Mon, April 11, 2011 @ 10:59 AM

2. Steve Paris wrote:
For what started out as one of the most bleak ever, this year is turning out to be positive, especially compared with what could have happened. State employees often value OPEA on whether or not we receive a pay raise. Stopping bad legislation to me and positioning employees as problem-solvers, is far more valuable in the long run. My compliments and gratitude to the leadership and staff...

Mon, April 11, 2011 @ 1:09 PM

3. Brandon Bowman wrote:
Thank you, OPEA, for standing up for state employees. We appreciate it!

Mon, April 11, 2011 @ 1:11 PM

4. Ed wrote:
Right, so once you retire, or if you are already retired the fixed income you recieve is only adjusted for inflation IF the legislature votes to appropriate money to retirees; like that is going to happen.
In reality COLA's should be funded by the retirement system, the cost of funding those COLA's should included in the acturial calculations made for the future benefits formulas, and the legislature should be amortizing catch-up contributions to the system over 5 years, just like private companies do.
There is also a real danger that a switch to a definced contributions system will leave those employees in the defined benefits system "orphaned" in such a way that the sytem is always underfunded and their retirments ravaged by inflation just a few years after they retire.

Mon, April 11, 2011 @ 1:12 PM

5. Gwen Christie wrote:
Thanks for the info! My legislator gets an occasional e-mail thanking him for supporting certain measures. My daughter works for a school system so she is affected by a lot of this also. I send her copies of interesting up-dates and she then shares at her school. Our legislator gets a LOT of feed-back!

Mon, April 11, 2011 @ 1:13 PM

6. Cheryl H wrote:
Thank you OPEA, for fighting for state employees.
A lot of things could be fixed if we were able to make it required that the legislators had to live by the same rules and regulations that the rest of us do. Put them all on social security and/or fixed retirement incomes and see how fast they fix the system!

Mon, April 11, 2011 @ 1:39 PM

7. Joan Dozier wrote:
As a retiree, I am grateful for your expertise in getting COLA benefits and in keeping health insurance premiums down.

Mon, April 11, 2011 @ 1:41 PM

8. Tom FaGalde wrote:
Those of us who have already retired might as well forget COLAs for the future if they aren't funded by the retirement system. I also agree that if new employees are put on a defined contribution program this will undermine the curent retirement system. This can't be allowed to happen. It's clear to me that even if the economy improves and the state ever experiences a surplus that will be used for someone's tax credits that won't benefit anyone but a few as has been the case with so many tax breaks before. The least the state could do is give us out $105 insurance benefit and allow us to go outside the state system and shop for something we might be able to afford. If something doesn't happens soon many of us will just have to drop our health coverage to buy groceries even if we are on medicare our state coverage is teribly expensive and if congress does what I fear they may with medicaare we are all in trouble. The future doesn't look good for retirees for sure.

Mon, April 11, 2011 @ 1:51 PM

9. Kathy Hicks wrote:
Thank you for your tireless hard work to protect us. Because of your e-mails, i have kept in touch with my legislators to tell them to help protect all State workers!

Mon, April 11, 2011 @ 1:55 PM

10. Bobby wrote:
I am amazed that the pension "problem' will be "fixed" on the backs of those that can least afford it. Taking away COLAS from people in their 60's and 70's, who have little ability to make up the loss is beyond mean. This issue shows no concern for our seniors! Shame on all of you that vote for this bill. Looks like grandma won't be sending christmas presents anymore. When I was growing up we heard horror stories about the elderly being so broke that they had to eat dog food. Maybe it wasn't a horror story. Maybe it was the Oklahoma legislature's latest plan for retirees. A dog food tax credit.

Mon, April 11, 2011 @ 3:33 PM

11. Been Here Too Long wrote:
Thanks so much for looking out for State Employees. I personally appreciate it.

Mon, April 11, 2011 @ 5:39 PM

12. Bill R. wrote:
I agree with Ed, Tom and Bobby. This is not right. If they had done what they were supposed to do in the first place, we would not be last and begging them! Thanks OPEA and the members.

Mon, April 11, 2011 @ 11:26 PM

13. Ed Whitaker wrote:
I echo the concerns of others regarding Retiree COLA's and the state insurance premiums. Some of my current health problems were a direct result of my employment with the state. I got a treatable, but incurable disease from working for the state, and need my state insurance as this disease does not allow me to purchase outside insurance.

Currently, retiree pensions require legislative apprroval based on the health of OPERS. What's wrong keeping that system in place and weathering the current economic situation? Just remember folks the Republican legislature, for the most part, are in the hip pockets of the corporate and rich concerns. Look at Wisconsin, Indiana, et al. if you don't believe me. Thank goodness we have concerned and dedicated staff at OPEA, whose efforts often go unheralded. Sterling, please let the staff know how much this retiree appreciates their work and tell them thanks for me.

Tue, April 12, 2011 @ 2:14 PM

14. William P Gideon wrote:
Elections have consequences. If elected state officials are not supportive of state employees and retirees, it is a direct reflection of the apathy and ignorance of the people of the state. OPEA is doing a great job with minimal resources to protect its members.

Tue, April 12, 2011 @ 3:34 PM

15. Concerned wrote:
2011 Legislative Update
With the topic of “pension reform” appearing in the state and local media frequently, the OPERS staff has prepared this summary of pending pension legislation for its members.

We have received numerous phone calls from concerned active members asking whether the retirement benefits they currently have could be changed. At the present time, there are no bills under consideration in the Legislature that would affect active members. The bills would only affect future new employees of OPERS-participating agencies, or future members of the judicial retirement system (URSJJ).

Legislators have consistently advised OPERS staff that there are no plans to change benefits for current members of OPERS or URSJJ. However, there are active bills that could have a potential impact on retirees. This legislation concerns how the Legislature considers Cost of Living Adjustments (COLAs) and how they are funded. The OPERS staff is working closely with members of the Legislature to come up with meaningful reforms that will help the OPERS and URSJJ pension funds both be financially stable for years to come.

HB1003 by Rep. Randy McDaniel & Sen. Mike Mazzei

HB 1003 would have created a defined contribution plan for public employees hired on or after January 1, 2012. HB 1004 would have done the same thing for elected officials taking office after January 1, 2012.

Status – While both bills passed out of the House Economic Development, Tourism and Financial Services Committee, neither bill was heard on the House floor by the March 17, 2011 deadline.

HB1005 by Rep. Randy McDaniel

The bill creates the Task Force on Pension Benefit Funding & Security comprised of House and Senate members. The Task Force will study COLAs and how to improve the funded status of every pension system.

Status – Passed the House and has been assigned to the Senate Retirement & Insurance Committee.

HB1010 by Rep. Randy McDaniel & Sen. Mike Mazzei

The bill changes the URSJJ retirement age for judges taking office after January 2012. It will go from age 65 to age 67 with eight years of service. It will go from the current Rule of 80 or age 60, to age 62 with 10 years or more of service. It will also provide a benefit multiplier of 2% instead of the current 4%.

Status – Passed the House and has been assigned to the Senate Retirement & Insurance Committee.

HB2132 by Rep. Kris Steele & Sen. Brian Bingman

The bill removes COLAs from the definition of “non-fiscal retirement bills” in OPLAAA. Retirement systems must eliminate their COLA assumptions. COLAs must be funded by the Legislature in the future.

Status – Passed the House and has been assigned to the Senate Retirement & Insurance Committee.

SB305 by Sen. Brian Crain & Rep. Glen Mulready

OPERS Reform Act of 2011

Status – Passed the Senate and has been assigned to the House Economic Development, Tourism & Financial Services Committee.

SB310 by Sen. Brian Crain & Rep. Glen Mulready

URSJJ Reform Act of 2011

Status – Passed the Senate and has been assigned to the House Economic Development, Tourism & Financial Services Committee.

SB794 by Sen. Mike Mazzei

The bill provides Elected officials elected after July 1, 2011, would only have the option to participate in OPERS with benefits similar to regular state employees. Their contributions would be the same, their benefit multiplier would be 2%, the retirement age would be 62, but they would still be under the Rule of 80.

Status – Passed the Senate and has been assigned to the House Economic Development, Tourism & Financial Services Committee.

SB840 by Sen. Cliff Aldridge & Rep. Randy McDaniel

This is the OPERS “clean up” bill. The bill brings OPERS hearing procedures in line with the Administrative Procedures Act including the appointment of hearing examiners. It clarifies the law that the OPERS Board of Trustees has jurisdiction over all disputes related to the retirement system concerning member and employer issues. It affirms that employee contributions are trust funds when they are withheld from members’ pay and also increases late charges for delinquent contribution payments.

Status – Passed the Senate and has been assigned to the House Economic Development, Tourism & Financial Services Committee.

SB891 by Sen. Mike Mazzei & Rep. Randy McDaniel

The bill would change retirement ages and make other changes only for employees hired on or after July 1, 2011. It also removes COLAs from the definitions of non-fiscal retirement bills in OPLAAA which will require the Legislature to provide a funding source for COLAs in the future. For new employees, the definition of “final average salary” will be based on the last 5 years of salary instead of the high 3 years in the last 10 years of employment. The bill also changes “normal retirement date” to 65th birthday, and the sick leave credit is restricted to members hired prior to 7/1/2011. The bill leaves the “Rule of 90” intact.

Status – Passed the Senate and has been assigned to the House Economic Development, Tourism & Financial Services Committee.



For more detailed information on these and other bills before the Legislature, please visit the Oklahoma State Legislature’s Bill Search page. Simply enter the bill number and you will gain access to a wealth of information, including the full text of the bill, amendments, actions taken, and voting history. We hope you find this information helpful in tracking the activity of retirement legislation.





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Wed, April 13, 2011 @ 12:52 PM

16. Sarah B. Camden wrote:
It is great that we can keep our job and get to bid on our position.

Thu, April 21, 2011 @ 11:47 AM

17. Krista Lyons wrote:
Thank you OPEA for your hard work for State Employees.

Mon, April 25, 2011 @ 9:24 PM

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