House of Representatives

HB 2331

CORP; deferred retirement option plan

Sponsors: Representatives Marsh, Hanson, Gray

 

X

Committee on Retirement & Government Operations

 

Committee on Appropriations

 

Caucus and COW

 

 

As Passed the House

 

HB 2331 establishes a deferred retirement option plan (DROP) for the Correctional Officers Retirement Plan (CORP) members.  This bill also establishes the guidelines for the plan.

 

 

History

 

DROPs are designed to give members an additional option at normal retirement.  A member is required to designate a period, a beneficiary, agree to cease to accrue benefits during the period and terminate employment at the end of the period.  The benefits credited to the DROP account are paid-out upon termination as a lump sum.  Laws 2000, Chapter 340 established a DROP program for the Public Safety Personnel Retirement System (PSPRS).

 

Currently, in order to qualify for normal retirement, a CORP member must have 25 years of service, or reach age 62 with 10 years of service or have any combination of age and credited service equaling 80.  A CORP member’s normal retirement pension is calculated by multiplying 2.5 per cent of the average compensation by the number of years of service up to 30 years, not to exceed 75% of the member’s average compensation.

 

Provisions

·                     Establishes 38-844.02aDROP to provide members who elect to participate access to a lump sum benefit upon termination, in addition to their normal monthly retirement benefit.

 

·                     Requires the board or fund manager to offer DROP to eligible CORP members on a voluntary basis as an alternative method of benefit accrual under the system from July 1, 2002 to June 30, 2007.

 

·                     States that any member of CORP who is eligible for a normal pension is eligible to participate in DROP.

 

·                     Requires that a member who elects to participate in DROP must voluntarily and irrevocably:

1.      Designate a period of participation that is not more than sixty consecutive months.

2.      Cease to accrue membership benefits beginning on the first day of the member's participation in DROP.

3.      Have DROP plan benefits credited to a DROP participation account.

4.      Receive benefits from the system on termination of employment at the same time and in the same manner as a normal retirement pension.

5.      Agree to terminate employment on completion of the DROP participation period. 

 

·                     If a member fails to terminate employment on completion of the designated DROP participation period, the member is not entitled to the interest accumulation on the DROP participation account. 

 

·                     A member may terminate participation in DROP by voluntarily terminating employment at any time before completing the DROP participation period.

 

·                     States that participation in DROP terminates upon one of the following:

1.      Completion of the DROP participation period.

2.      Termination of employment.  If termination of employment is reversed, a member's participation in DROP, minus any benefits previously distributed, shall be reinstated for the duration of the original DROP participation period.

3.      Death of a member.

4.      Approval of disability retirement benefits.

38-844.04

·                     Establishes a DROP participation account within the system on behalf of each DROP participant.

 

·                     Requires that all accrued benefits be accounted for in the DROP participation account.

 

·                     States that a member does not have a claim on the member’s DROP assets during the DROP period, and that assets cannot be held separately from the fund assets for a DROP participant.

 

·                     States that all amounts credited to a member's DROP participation account are fully vested.

 

·                     Requires a member's DROP participation account to be credited with the following:

1.      An amount that is computed in the same manner as a normal retirement.  This amount shall be increased annually if applicable.

2.      Interest in an amount equal to the assumed rate of return of the fund.

38-844.06

·                     Prohibits members from receiving retirement benefits, including COLA increases and health insurance premium subsidies, during the DROP participation period.

·                     States that beginning on the date the member elects to participate in DROP, employee and employer contributions for that member stop.

 

·                     Allows a DROP member who becomes disabled during the period of DROP participation to apply for disability retirement benefits. If the member becomes disabled during DROP participation, the member is eligible for disability benefits.

 

·                     Requires a member who elects to participate in the DROP to designate a beneficiary.

·                     States that if a member dies during the member's DROP participation, the designated beneficiary of the member is entitled to receive all amounts in the member's DROP participation account.

38-844.0638-844.07

·                     States that if a beneficiary predeceases a DROP participant who dies before designating a new beneficiary, all distributions are made to the estate of the DROP participant.

 

·                     Prohibits a member from making a beneficiary designation that results in a repeal of a member's community property obligations.

 

38-844.0738-844.08

·                     States that upon termination of DROP participation and employment, a member is entitled to receive both of the following:

1.      The monthly retirement allowance.

2.      All amounts credited to the member's DROP participation account on the effective date of termination.

·                     Prescribes a lump sum distribution payment form.

 

·                     Allows the member to choose to transfer a lump sum distribution to an IRA or other eligible retirement plan if allowed by the IRS.

 

·                     Prohibits the DROP program from jeopardizing the tax-qualified status of PSPRS.

 

·                     Allows the fund manager to adopt additional rules for the DROP to comply with federal law.

 

·                      Repeals the DROP program July 1, 2007.

 

·                     Allows a member who is participating in DROP before July 1, 2007 to continue to participate until the member's effective date of termination, even after the repeal of DROP.

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·                     45th Legislature                       

·                     First Regular Session    3          January 22, 2001

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