35 | | - | 9 |
---|
36 | | - | account (AS 44.25.400 - 44.25.490), the crime victim compensation fund 10 |
---|
37 | | - | (AS 18.67.162), the peace officer and firefighter survivors' fund, or one or more of the 11 |
---|
38 | | - | educational organizations, community foundations, or charitable organizations that 12 |
---|
39 | | - | appear on the contribution list contained in the application. A contribution to an 13 |
---|
40 | | - | Alaska Work and Save Program participant account, the crime victim 14 34-LS0254\I |
---|
41 | | - | CSSB 21(L&C) -2- SB0021B |
---|
| 35 | + | 8 |
---|
| 36 | + | account (AS 44.25.400 - 44.25.490), the crime victim compensation fund 9 |
---|
| 37 | + | (AS 18.67.162), the peace officer and firefighter survivors' fund, or one or more of the 10 |
---|
| 38 | + | educational organizations, community foundations, or charitable organizations that 11 |
---|
| 39 | + | appear on the contribution list contained in the application. A contribution to an 12 |
---|
| 40 | + | Alaska Work and Save Program participant account, the crime victim 13 |
---|
| 41 | + | compensation fund, the peace officer and firefighter survivors' fund or to an 14 34-LS0254\A |
---|
| 42 | + | SB 21 -2- SB0021A |
---|
44 | | - | compensation fund, the peace officer and firefighter survivors' fund or to an 1 |
---|
45 | | - | organization may be $25, $50, $75, $100, or more, in increments of $50, up to the 2 |
---|
46 | | - | total amount of the permanent fund dividend that the applicant is entitled to receive. If 3 |
---|
47 | | - | the total amount of contributions elected by an applicant exceeds the amount of the 4 |
---|
48 | | - | permanent fund dividend that the applicant is entitled to receive, contributions shall be 5 |
---|
49 | | - | deducted from the dividend in the order of priority elected by the applicant on the 6 |
---|
50 | | - | application until the entire amount of the dividend that the applicant is entitled to 7 |
---|
51 | | - | receive is allocated for contribution. The electronic dividend application form must 8 |
---|
52 | | - | include notice that seven percent of the money contributed will be used for 9 |
---|
53 | | - | administrative costs incurred in implementing this section, and money from the 10 |
---|
54 | | - | dividend fund will not be used for that purpose. 11 |
---|
55 | | - | * Sec. 2. AS 43.23.130(b) is amended to read: 12 |
---|
56 | | - | (b) The department shall list each educational organization, community 13 |
---|
57 | | - | foundation, or charitable organization eligible under (c) and (d) of this section, each 14 |
---|
58 | | - | university campus that applies under (l) of this section, the Alaska Work and Save 15 |
---|
59 | | - | Program, the crime victim compensation fund, and the peace officer and firefighter 16 |
---|
60 | | - | survivors' fund on the contribution list. The department shall maintain an electronic 17 |
---|
61 | | - | database for the contribution list that is accessible to the public and that permits 18 |
---|
62 | | - | searches by organization or fund name, geographic location, and type. The department 19 |
---|
63 | | - | shall provide a statement of the contributions made by an individual that is suitable for 20 |
---|
64 | | - | federal income tax purposes to each individual who elects to contribute under (a) of 21 |
---|
65 | | - | this section. 22 |
---|
66 | | - | * Sec. 3. AS 43.23.130(m) is amended to read: 23 |
---|
67 | | - | (m) In addition to the application fee in (f) of this section, the department shall 24 |
---|
68 | | - | withhold a coordination fee from each organization, foundation, or university campus 25 |
---|
69 | | - | that receives contributions under this section in the immediately preceding dividend 26 |
---|
70 | | - | year. The coordination fee for an organization, foundation, or university campus that 27 |
---|
71 | | - | receives contributions under this section shall be seven percent of the amount of 28 |
---|
72 | | - | contributions reported by the department under (j) of this section for the organization, 29 |
---|
73 | | - | foundation, or university campus for the immediately preceding dividend year. The 30 |
---|
74 | | - | coordination fee shall be separately accounted for under AS 37.05.142 and shall be 31 34-LS0254\I |
---|
75 | | - | SB0021B -3- CSSB 21(L&C) |
---|
| 45 | + | organization may be $25, $50, $75, $100, or more, in increments of $50, up to the 1 |
---|
| 46 | + | total amount of the permanent fund dividend that the applicant is entitled to receive. If 2 |
---|
| 47 | + | the total amount of contributions elected by an applicant exceeds the amount of the 3 |
---|
| 48 | + | permanent fund dividend that the applicant is entitled to receive, contributions shall be 4 |
---|
| 49 | + | deducted from the dividend in the order of priority elected by the applicant on the 5 |
---|
| 50 | + | application until the entire amount of the dividend that the applicant is entitled to 6 |
---|
| 51 | + | receive is allocated for contribution. The electronic dividend application form must 7 |
---|
| 52 | + | include notice that seven percent of the money contributed will be used for 8 |
---|
| 53 | + | administrative costs incurred in implementing this section, and money from the 9 |
---|
| 54 | + | dividend fund will not be used for that purpose. 10 |
---|
| 55 | + | * Sec. 2. AS 43.23.130(b) is amended to read: 11 |
---|
| 56 | + | (b) The department shall list each educational organization, community 12 |
---|
| 57 | + | foundation, or charitable organization eligible under (c) and (d) of this section, each 13 |
---|
| 58 | + | university campus that applies under (l) of this section, the Alaska Work and Save 14 |
---|
| 59 | + | Program, the crime victim compensation fund, and the peace officer and firefighter 15 |
---|
| 60 | + | survivors' fund on the contribution list. The department shall maintain an electronic 16 |
---|
| 61 | + | database for the contribution list that is accessible to the public and that permits 17 |
---|
| 62 | + | searches by organization or fund name, geographic location, and type. The department 18 |
---|
| 63 | + | shall provide a statement of the contributions made by an individual that is suitable for 19 |
---|
| 64 | + | federal income tax purposes to each individual who elects to contribute under (a) of 20 |
---|
| 65 | + | this section. 21 |
---|
| 66 | + | * Sec. 3. AS 43.23.130(m) is amended to read: 22 |
---|
| 67 | + | (m) In addition to the application fee in (f) of this section, the department shall 23 |
---|
| 68 | + | withhold a coordination fee from each organization, foundation, or university campus 24 |
---|
| 69 | + | that receives contributions under this section in the immediately preceding dividend 25 |
---|
| 70 | + | year. The coordination fee for an organization, foundation, or university campus that 26 |
---|
| 71 | + | receives contributions under this section shall be seven percent of the amount of 27 |
---|
| 72 | + | contributions reported by the department under (j) of this section for the organization, 28 |
---|
| 73 | + | foundation, or university campus for the immediately preceding dividend year. The 29 |
---|
| 74 | + | coordination fee shall be separately accounted for under AS 37.05.142 and shall be 30 |
---|
| 75 | + | accounted for separately from the application fee collected under (f) of this section. 31 34-LS0254\A |
---|
| 76 | + | SB0021A -3- SB 21 |
---|
78 | | - | accounted for separately from the application fee collected under (f) of this section. 1 |
---|
79 | | - | The annual estimated balance in the account maintained under AS 37.05.142 for 2 |
---|
80 | | - | coordination fees collected under this subsection may be appropriated for costs of 3 |
---|
81 | | - | administering this section. The department may not withhold a coordination fee for 4 |
---|
82 | | - | contributions to an Alaska Work and Save Program participant account, the crime 5 |
---|
83 | | - | victim compensation fund or the peace officer and firefighter survivors' fund. 6 |
---|
84 | | - | * Sec. 4. AS 44.25 is amended by adding new sections to read: 7 |
---|
85 | | - | Article 5. Alaska Work and Save Program. 8 |
---|
86 | | - | Sec. 44.25.400. Alaska Work and Save Program. (a) The Alaska Work and 9 |
---|
87 | | - | Save Program is established in the Department of Revenue. The commissioner of 10 |
---|
88 | | - | revenue or the commissioner's designee shall administer the program. 11 |
---|
89 | | - | (b) An employer that does not offer a qualified retirement plan shall facilitate 12 |
---|
90 | | - | participation of the employer's employees in the program. 13 |
---|
91 | | - | (c) Under the program, 14 |
---|
92 | | - | (1) an eligible employee is automatically enrolled in the program at the 15 |
---|
93 | | - | default contribution rate established by the administrator; 16 |
---|
94 | | - | (2) an eligible employee's contribution rate increases at the default rate 17 |
---|
95 | | - | established by the administrator; 18 |
---|
96 | | - | (3) an eligible employee may 19 |
---|
97 | | - | (A) opt out of the program or a contribution rate increase; 20 |
---|
98 | | - | (B) make contributions at a rate different than the default rate 21 |
---|
99 | | - | established by the administrator; 22 |
---|
100 | | - | (C) increase contributions at a rate different than the default 23 |
---|
101 | | - | rate established by the administrator; 24 |
---|
102 | | - | (4) any person who earns compensation in this state is eligible to 25 |
---|
103 | | - | voluntarily enroll in the program. 26 |
---|
104 | | - | (d) The state, the program, and the administrator 27 |
---|
105 | | - | (1) may not guarantee a specific rate of return or interest for a 28 |
---|
106 | | - | contribution; 29 |
---|
107 | | - | (2) are not liable for any loss incurred by a participant as a result of 30 |
---|
108 | | - | participating in the program; 31 34-LS0254\I |
---|
109 | | - | CSSB 21(L&C) -4- SB0021B |
---|
| 79 | + | The annual estimated balance in the account maintained under AS 37.05.142 for 1 |
---|
| 80 | + | coordination fees collected under this subsection may be appropriated for costs of 2 |
---|
| 81 | + | administering this section. The department may not withhold a coordination fee for 3 |
---|
| 82 | + | contributions to an Alaska Work and Save Program participant account, the crime 4 |
---|
| 83 | + | victim compensation fund or the peace officer and firefighter survivors' fund. 5 |
---|
| 84 | + | * Sec. 4. AS 44.25 is amended by adding new sections to read: 6 |
---|
| 85 | + | Article 5. Alaska Work and Save Program. 7 |
---|
| 86 | + | Sec. 44.25.400. Alaska Work and Save Program. (a) The Alaska Work and 8 |
---|
| 87 | + | Save Program is established in the Department of Revenue and administered by the 9 |
---|
| 88 | + | Alaska Retirement Savings Board. 10 |
---|
| 89 | + | (b) An employer that does not offer a qualified retirement plan shall facilitate 11 |
---|
| 90 | + | participation of the employer's employees in the program. 12 |
---|
| 91 | + | (c) Under the program, 13 |
---|
| 92 | + | (1) an eligible employee is automatically enrolled in the program at the 14 |
---|
| 93 | + | default contribution rate established by the board; 15 |
---|
| 94 | + | (2) an eligible employee's contribution rate increases at the default rate 16 |
---|
| 95 | + | established by the board; 17 |
---|
| 96 | + | (3) an eligible employee may 18 |
---|
| 97 | + | (A) opt out of the program or a contribution rate increase; 19 |
---|
| 98 | + | (B) make contributions at a rate different than the default rate 20 |
---|
| 99 | + | established by the board; 21 |
---|
| 100 | + | (C) increase contributions at a rate different than the default 22 |
---|
| 101 | + | rate established by the board; 23 |
---|
| 102 | + | (4) any person who earns compensation in this state is eligible to 24 |
---|
| 103 | + | voluntarily enroll in the program. 25 |
---|
| 104 | + | (d) The state, the program, the board, and trustees 26 |
---|
| 105 | + | (1) may not guarantee a specific rate of return or interest for a 27 |
---|
| 106 | + | contribution; 28 |
---|
| 107 | + | (2) are not liable for any loss incurred by a participant as a result of 29 |
---|
| 108 | + | participating in the program; 30 |
---|
| 109 | + | (3) have no proprietary interest in contributions to, or earnings on 31 34-LS0254\A |
---|
| 110 | + | SB 21 -4- SB0021A |
---|
124 | | - | Sec. 44.25.420. Powers and duties of the administrator. (a) The 13 |
---|
125 | | - | administrator shall 14 |
---|
126 | | - | (1) develop and administer the program; 15 |
---|
127 | | - | (2) adopt regulations to implement AS 44.25.400 - 44.25.490; 16 |
---|
128 | | - | (3) establish a process for enrollment in the program, including 17 |
---|
129 | | - | automatic employee enrollment and a process for an employee to opt out of the 18 |
---|
130 | | - | program; 19 |
---|
131 | | - | (4) direct the investment of funds contributed to participant accounts 20 |
---|
132 | | - | and professionally manage participant accounts, consistent with 21 |
---|
133 | | - | (A) investment restrictions established by the administrator; 22 |
---|
134 | | - | and 23 |
---|
135 | | - | (B) standards of prudence; 24 |
---|
136 | | - | (5) provide a range of investment options and establish the rules by 25 |
---|
137 | | - | which a participant may direct the participant's investments among those options; 26 |
---|
138 | | - | (6) obtain an external performance review to evaluate the investment 27 |
---|
139 | | - | policies of the program and include the results in the report provided under (7) of this 28 |
---|
140 | | - | subsection; 29 |
---|
141 | | - | (7) by the first day of each regular legislative session, report to the 30 |
---|
142 | | - | governor and legislature on the financial condition of the program and any civil 31 34-LS0254\I |
---|
143 | | - | SB0021B -5- CSSB 21(L&C) |
---|
| 125 | + | (b) The board consists of nine trustees, as follows: 13 |
---|
| 126 | + | (1) the commissioner of labor and workforce development and the 14 |
---|
| 127 | + | commissioner of revenue; 15 |
---|
| 128 | + | (2) seven trustees appointed by the governor who meet the eligibility 16 |
---|
| 129 | + | requirements for an Alaska permanent fund dividend and who are professionally 17 |
---|
| 130 | + | credentialed or have recognized competence in investment management, finance, 18 |
---|
| 131 | + | banking, economics, or accounting. 19 |
---|
| 132 | + | (c) The trustees, other than the two commissioners, shall serve for staggered 20 |
---|
| 133 | + | terms of four years and may be reappointed to the board. 21 |
---|
| 134 | + | (d) The governor may, by written notice to the trustee, remove an appointed 22 |
---|
| 135 | + | trustee. After an appointed trustee receives written notice of removal, the trustee may 23 |
---|
| 136 | + | not participate in board business and may not be counted for purposes of establishing a 24 |
---|
| 137 | + | quorum. 25 |
---|
| 138 | + | (e) A vacancy on the board shall be promptly filled. A person filling a vacancy 26 |
---|
| 139 | + | holds office for the balance of the unexpired term of the person's predecessor. A 27 |
---|
| 140 | + | vacancy on the board does not impair the authority of a quorum of the board to 28 |
---|
| 141 | + | exercise all the powers and perform all the duties of the board. 29 |
---|
| 142 | + | (f) Five trustees constitute a quorum for the transaction of business and the 30 |
---|
| 143 | + | exercise of the powers and duties of the board. 31 34-LS0254\A |
---|
| 144 | + | SB0021A -5- SB 21 |
---|
146 | | - | penalties issued under the program; 1 |
---|
147 | | - | (8) develop an annual operating budget; 2 |
---|
148 | | - | (9) in accordance with Internal Revenue Code limits, set a minimum, 3 |
---|
149 | | - | maximum, and default contribution rate and set a default rate for contribution 4 |
---|
150 | | - | increases; 5 |
---|
151 | | - | (10) allow a participant to adjust the rate of contributions to the 6 |
---|
152 | | - | participant's account and the rate of increases to the contribution rate; 7 |
---|
153 | | - | (11) establish a process to allow a participant to make contributions, in 8 |
---|
154 | | - | addition to the participant's contributions through payroll deduction, to the 9 |
---|
155 | | - | participant's account, including contributions from the participant's permanent fund 10 |
---|
156 | | - | dividend; 11 |
---|
157 | | - | (12) establish a process to allow a participant to withdraw funds from a 12 |
---|
158 | | - | program account; 13 |
---|
159 | | - | (13) deposit a contribution to the program directly in a participant 14 |
---|
160 | | - | account; 15 |
---|
161 | | - | (14) maintain separate records and accounting for each participant 16 |
---|
162 | | - | account; 17 |
---|
163 | | - | (15) provide program and account status reports to participants at least 18 |
---|
164 | | - | once a year; 19 |
---|
165 | | - | (16) allow participants to maintain a program account regardless of 20 |
---|
166 | | - | employer; 21 |
---|
167 | | - | (17) keep fees assessed to defray program administration costs low; 22 |
---|
168 | | - | (18) disclose to employees, employers, and program participants 23 |
---|
169 | | - | (A) the benefits and risks of contributing to the program; 24 |
---|
170 | | - | (B) instructions on contributing to the program and changing 25 |
---|
171 | | - | contribution rates; 26 |
---|
172 | | - | (C) the process to opt out of the program; 27 |
---|
173 | | - | (D) the process to withdraw funds from a participant account; 28 |
---|
174 | | - | (E) how to obtain additional program information; 29 |
---|
175 | | - | (F) that the program is not an employer-sponsored retirement 30 |
---|
176 | | - | plan; 31 34-LS0254\I |
---|
177 | | - | CSSB 21(L&C) -6- SB0021B |
---|
| 147 | + | (g) A trustee may not designate another person to serve on the board in the 1 |
---|
| 148 | + | absence of the trustee. 2 |
---|
| 149 | + | (h) The board shall provide annual training to the trustees on the duties and 3 |
---|
| 150 | + | powers of a fiduciary and other training as necessary to keep the trustees educated 4 |
---|
| 151 | + | about retirement program management and investment. 5 |
---|
| 152 | + | (i) The board shall elect a trustee to serve as chair and a trustee to serve as 6 |
---|
| 153 | + | vice-chair for one-year terms. A trustee may be reelected to serve additional terms as 7 |
---|
| 154 | + | chair or vice-chair. 8 |
---|
| 155 | + | Sec. 44.25.420. Powers and duties of the board. (a) The board shall 9 |
---|
| 156 | + | (1) develop and administer the program; 10 |
---|
| 157 | + | (2) adopt regulations to implement AS 44.25.400 - 44.25.490; 11 |
---|
| 158 | + | (3) establish a process for enrollment in the program, including 12 |
---|
| 159 | + | automatic employee enrollment and a process for an employee to opt out of the 13 |
---|
| 160 | + | program; 14 |
---|
| 161 | + | (4) direct the investment of funds contributed to participant accounts 15 |
---|
| 162 | + | and professionally manage participant accounts, consistent with 16 |
---|
| 163 | + | (A) investment restrictions established by the board; and 17 |
---|
| 164 | + | (B) standards of prudence; 18 |
---|
| 165 | + | (5) hold regular and special meetings at the call of the chair or of at 19 |
---|
| 166 | + | least five trustees; meetings are open to the public, and the board shall keep a full 20 |
---|
| 167 | + | record of all its proceedings; 21 |
---|
| 168 | + | (6) provide a range of investment options and establish the rules by 22 |
---|
| 169 | + | which a participant may direct the participant's investments among those options; 23 |
---|
| 170 | + | (7) obtain an external performance review to evaluate the investment 24 |
---|
| 171 | + | policies of the program and report the results to the department; 25 |
---|
| 172 | + | (8) by the first day of each regular legislative session, report to the 26 |
---|
| 173 | + | governor and legislature on the financial condition of the program and any civil 27 |
---|
| 174 | + | penalties issued under the program; 28 |
---|
| 175 | + | (9) develop an annual operating budget; 29 |
---|
| 176 | + | (10) in accordance with Internal Revenue Code limits, set a minimum, 30 |
---|
| 177 | + | maximum, and default contribution rate and set a default rate for contribution 31 34-LS0254\A |
---|
| 178 | + | SB 21 -6- SB0021A |
---|
180 | | - | (G) that financial advisors are best positioned to provide 1 |
---|
181 | | - | financial advice and that employers are not liable for employee financial 2 |
---|
182 | | - | decisions under AS 44.25.400 - 44.25.490; 3 |
---|
183 | | - | (H) that the state, the program, and the administrator do not 4 |
---|
184 | | - | guarantee participant accounts or a rate of return; 5 |
---|
185 | | - | (I) how an employee may file a complaint against an employer 6 |
---|
186 | | - | who fails to facilitate employee participation in the program. 7 |
---|
187 | | - | (b) The administrator may 8 |
---|
188 | | - | (1) contract for services necessary to execute the administrator's 9 |
---|
189 | | - | powers and duties; 10 |
---|
190 | | - | (2) employ outside investment advisors to review investment policies; 11 |
---|
191 | | - | (3) establish and collect fees to defray program administration costs; 12 |
---|
192 | | - | (4) consider and purchase pooled private insurance for the program; 13 |
---|
193 | | - | (5) develop and conduct outreach about the program and retirement 14 |
---|
194 | | - | savings; 15 |
---|
195 | | - | (6) request that the commissioner of labor and workforce development 16 |
---|
196 | | - | investigate an employer under AS 44.25.440; 17 |
---|
197 | | - | (7) when prudent or necessary to do so for the benefit of the program, 18 |
---|
198 | | - | enter into agreements, including contracts, memoranda of understanding, partnerships, 19 |
---|
199 | | - | or other arrangements, with other governmental entities, including other states, or 20 |
---|
200 | | - | agencies or instrumentalities of other states, that maintain or are establishing 21 |
---|
201 | | - | retirement savings programs compatible with or similar to the program; 22 |
---|
202 | | - | (8) change the default contribution rate and default rate for 23 |
---|
203 | | - | contribution increases; 24 |
---|
204 | | - | (9) use private sector partnerships to administer and invest 25 |
---|
205 | | - | contributions to the program; 26 |
---|
206 | | - | (10) access information held by, and enter into service agreements 27 |
---|
207 | | - | with, other departments and agencies of the state. 28 |
---|
208 | | - | Sec. 44.25.430. Confidentiality of information. (a) Individual account 29 |
---|
209 | | - | information for participant accounts, including an account holder's name, address, 30 |
---|
210 | | - | telephone number, personal identification information, contributions, earnings, and 31 34-LS0254\I |
---|
211 | | - | SB0021B -7- CSSB 21(L&C) |
---|
| 181 | + | increases; 1 |
---|
| 182 | + | (11) allow a participant to adjust the rate of contributions to the 2 |
---|
| 183 | + | participant's account and the rate of increases to the contribution rate; 3 |
---|
| 184 | + | (12) establish a process to allow a participant to make contributions, in 4 |
---|
| 185 | + | addition to the participant's contributions through payroll deduction, to the 5 |
---|
| 186 | + | participant's account, including contributions from the participant's permanent fund 6 |
---|
| 187 | + | dividend; 7 |
---|
| 188 | + | (13) establish a process to allow a participant to withdraw funds from a 8 |
---|
| 189 | + | program account; 9 |
---|
| 190 | + | (14) deposit a contribution to the program directly in a participant 10 |
---|
| 191 | + | account; 11 |
---|
| 192 | + | (15) maintain separate records and accounting for each participant 12 |
---|
| 193 | + | account; 13 |
---|
| 194 | + | (16) provide program and account status reports to participants at least 14 |
---|
| 195 | + | once a year; 15 |
---|
| 196 | + | (17) allow participants to maintain a program account regardless of 16 |
---|
| 197 | + | employer; 17 |
---|
| 198 | + | (18) keep program administrative fees low; 18 |
---|
| 199 | + | (19) disclose to employees, employers, and program participants 19 |
---|
| 200 | + | (A) the benefits and risks of contributing to the program; 20 |
---|
| 201 | + | (B) instructions on contributing to the program and changing 21 |
---|
| 202 | + | contribution rates; 22 |
---|
| 203 | + | (C) the process to opt out of the program; 23 |
---|
| 204 | + | (D) the process to withdraw funds from a participant account; 24 |
---|
| 205 | + | (E) how to obtain additional program information; 25 |
---|
| 206 | + | (F) that the program is not an employer-sponsored retirement 26 |
---|
| 207 | + | plan; 27 |
---|
| 208 | + | (G) that financial advisors are best positioned to provide 28 |
---|
| 209 | + | financial advice and that employers are not liable for employee financial 29 |
---|
| 210 | + | decisions under AS 44.25.400 - 44.25.490; 30 |
---|
| 211 | + | (H) that the state does not guarantee participant accounts or a 31 34-LS0254\A |
---|
| 212 | + | SB0021A -7- SB 21 |
---|
214 | | - | account balance, is confidential and not subject to disclosure as a public record. 1 |
---|
215 | | - | (b) Notwithstanding (a) of this section, individual account information may be 2 |
---|
216 | | - | disclosed 3 |
---|
217 | | - | (1) to the extent necessary to administer the program in a manner 4 |
---|
218 | | - | consistent with the tax laws of the state and the Internal Revenue Code; or 5 |
---|
219 | | - | (2) if the account holder expressly agrees to the disclosure, in writing. 6 |
---|
220 | | - | Sec. 44.25.440. Complaints. (a) An employee may file a complaint with the 7 |
---|
221 | | - | commissioner of labor and workforce development alleging that an employer subject 8 |
---|
222 | | - | to AS 44.25.400 - 44.25.490 failed to facilitate employee participation in the program. 9 |
---|
223 | | - | (b) The commissioner of labor and workforce development may, upon 10 |
---|
224 | | - | receiving an employee complaint or upon request of the administrator, investigate an 11 |
---|
225 | | - | employer. If the commissioner determines that the employer was required but failed to 12 |
---|
226 | | - | facilitate employee participation in the program for six months, the commissioner may 13 |
---|
227 | | - | impose a civil penalty on the employer. 14 |
---|
228 | | - | (c) The commissioner of labor and workforce development may impose on an 15 |
---|
229 | | - | employer a civil penalty of up to $100 for each employee of the employer who is 16 |
---|
230 | | - | eligible to participate in the program but for whom the employer does not facilitate 17 |
---|
231 | | - | participation in the program. The commissioner may not impose penalties under this 18 |
---|
232 | | - | section on a single employer that exceed $5,000 in a calendar year. 19 |
---|
233 | | - | (d) The commissioner of labor and workforce development shall notify the 20 |
---|
234 | | - | administrator when an employer has failed to facilitate employee participation in the 21 |
---|
235 | | - | program and when the commissioner imposes a civil penalty on an employer. 22 |
---|
236 | | - | (e) The administrator may notify an employer that has failed to facilitate 23 |
---|
237 | | - | employee participation in the program that the employer may be subject to a civil 24 |
---|
238 | | - | penalty for failure to comply with program requirements. 25 |
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239 | | - | Sec. 44.25.490. Definitions. In AS 44.25.400 - 44.25.490, 26 |
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240 | | - | (1) "administrator" means the commissioner of revenue or the 27 |
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241 | | - | commissioner's designee; 28 |
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242 | | - | (2) "employee" has the meaning given in AS 23.30.395; 29 |
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243 | | - | (3) "employer" means a person or business that has employed one or 30 |
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244 | | - | more other persons in the state for not less than one year and does not provide a |
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245 | | - | 31 34-LS0254\I |
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246 | | - | CSSB 21(L&C) -8- SB0021B |
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| 215 | + | rate of return; 1 |
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| 216 | + | (I) how an employee may file a complaint against an employer 2 |
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| 217 | + | who fails to facilitate employee participation in the program. 3 |
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| 218 | + | (b) The board may 4 |
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| 219 | + | (1) contract for services necessary to execute the board's powers and 5 |
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| 220 | + | duties; 6 |
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| 221 | + | (2) employ outside investment advisors to review investment policies; 7 |
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| 222 | + | (3) establish and collect fees to defray program administration costs; 8 |
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| 223 | + | (4) consider and purchase pooled private insurance for the program; 9 |
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| 224 | + | (5) develop and conduct outreach about the program and retirement 10 |
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| 225 | + | savings; 11 |
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| 226 | + | (6) request that the commissioner of labor and workforce development 12 |
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| 227 | + | investigate an employer under AS 44.25.470; 13 |
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| 228 | + | (7) enter into agreements with other states to provide services related 14 |
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| 229 | + | to retirement savings programs similar to the program; 15 |
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| 230 | + | (8) change the default contribution rate and default rate for 16 |
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| 231 | + | contribution increases; 17 |
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| 232 | + | (9) use private sector partnerships to administer and invest 18 |
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| 233 | + | contributions to the program; 19 |
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| 234 | + | (10) access information held by, and enter into service agreements 20 |
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| 235 | + | with, other departments and agencies of the state. 21 |
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| 236 | + | Sec. 44.25.430. Attorney general. The attorney general is the legal counsel for 22 |
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| 237 | + | the board and shall advise the board and represent the board in a legal proceeding. 23 |
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| 238 | + | Sec. 44.25.440. Compensation of trustees. A trustee, other than a trustee who 24 |
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| 239 | + | is an employee of the state, a political subdivision of the state, or a school district or 25 |
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| 240 | + | regional educational attendance area in the state, receives an honorarium of $400 for 26 |
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| 241 | + | each day spent at a meeting of the board, a meeting of a subcommittee of the board, a 27 |
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| 242 | + | public meeting as a representative of the board, or traveling to or from a meeting. A 28 |
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| 243 | + | trustee who is a state employee is entitled to administrative leave for service as a 29 |
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| 244 | + | trustee. A trustee who is an employee of a political subdivision of the state or a school 30 |
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| 245 | + | district or regional educational attendance area in the state is entitled to leave benefits 31 34-LS0254\A |
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| 246 | + | SB 21 -8- SB0021A |
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249 | | - | qualified retirement plan to employees; 1 |
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250 | | - | (4) "program" means the Alaska Work and Save Program; 2 |
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251 | | - | (5) "qualified retirement plan" includes a plan qualified under 26 3 |
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252 | | - | U.S.C. 401(a) or (k), 403(a) or (b), 408(k) or (p), or 457(b) (Internal Revenue Code). 4 |
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253 | | - | * Sec. 5. This Act takes effect January 1, 2026. 5 |
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| 249 | + | provided by the trustee's employer comparable to leave benefits provided to state 1 |
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| 250 | + | employees for service as a trustee. A trustee is entitled to per diem and travel expenses 2 |
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| 251 | + | authorized for boards and commissions under AS 39.20.180. 3 |
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| 252 | + | Sec. 44.25.450. Staff. (a) The department shall provide staff for the board. 4 |
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| 253 | + | (b) The board may designate a trustee or an officer or employee of the 5 |
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| 254 | + | department to be responsible for signing on behalf of the board a deed, contract, or 6 |
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| 255 | + | other document that must be executed by or on behalf of the board. 7 |
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| 256 | + | Sec. 44.25.460. Confidentiality of information. (a) Individual account 8 |
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| 257 | + | information for participant accounts, including an account holder's name, address, 9 |
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| 258 | + | telephone number, personal identification information, contributions, earnings, and 10 |
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| 259 | + | account balance, is confidential and not a public record subject to disclosure. 11 |
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| 260 | + | (b) Notwithstanding (a) of this section, individual account information may be 12 |
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| 261 | + | disclosed 13 |
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| 262 | + | (1) to the extent necessary to administer the program in a manner 14 |
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| 263 | + | consistent with the tax laws of the state and the Internal Revenue Code; or 15 |
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| 264 | + | (2) if the account holder expressly agrees to the disclosure in writing. 16 |
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| 265 | + | Sec. 44.25.470. Complaints. (a) An employee may file a complaint with the 17 |
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| 266 | + | commissioner of labor and workforce development alleging that an employer subject 18 |
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| 267 | + | to AS 44.25.400 - 44.25.490 failed to facilitate employee participation in the program. 19 |
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| 268 | + | (b) The commissioner of labor and workforce development may, upon 20 |
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| 269 | + | receiving an employee complaint or upon request of the board, investigate an 21 |
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| 270 | + | employer. If the commissioner determines that the employer was required but failed to 22 |
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| 271 | + | facilitate employee participation in the program for six months, the commissioner may 23 |
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| 272 | + | impose a civil penalty on the employer. 24 |
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| 273 | + | (c) The commissioner of labor and workforce development may impose on an 25 |
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| 274 | + | employer a civil penalty of up to $100 for each employee of the employer who is 26 |
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| 275 | + | eligible to participate in the program but for whom the employer does not facilitate 27 |
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| 276 | + | participation in the program. The commissioner may not impose penalties under this 28 |
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| 277 | + | section on a single employer that exceed $5,000 in a calendar year. 29 |
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| 278 | + | (d) The commissioner of labor and workforce development shall |
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| 279 | + | notify the 30 |
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| 280 | + | board when an employer has failed to facilitate employee participation in the program 31 34-LS0254\A |
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| 281 | + | SB0021A -9- SB 21 |
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| 282 | + | New Text Underlined [DELETED TEXT BRACKETED] |
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| 283 | + | |
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| 284 | + | and when the commissioner imposes a civil penalty on an employer. 1 |
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| 285 | + | (e) The board may notify an employer that has failed to facilitate employee 2 |
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| 286 | + | participation in the program that the employer may be subject to a civil penalty for 3 |
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| 287 | + | failure to comply with program requirements. 4 |
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| 288 | + | Sec. 44.25.490. Definitions. In AS 44.25.400 - 44.25.490, 5 |
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| 289 | + | (1) "board" means the Alaska Retirement Savings Board; 6 |
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| 290 | + | (2) "department" means the Department of Revenue; 7 |
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| 291 | + | (3) "employee" has the meaning given in AS 23.30.395; 8 |
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| 292 | + | (4) "employer" means a person or business that has employed one or 9 |
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| 293 | + | more other persons in the state for not less than one year and does not provide a 10 |
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| 294 | + | qualified retirement plan to employees; 11 |
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| 295 | + | (5) "program" means the Alaska Work and Save Program; 12 |
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| 296 | + | (6) "qualified retirement plan" includes a plan qualified under 26 13 |
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| 297 | + | U.S.C. 401(a) or (k), 403(a) or (b), 408(k) or (p), or 457(b) (Internal Revenue Code). 14 |
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| 298 | + | * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 15 |
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| 299 | + | read: 16 |
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| 300 | + | ALASKA RETIREMENT SAVINGS BOARD; INITIAL APPOINTMENTS. 17 |
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| 301 | + | Notwithstanding AS 44.25.410(c), added by sec. 4 of this Act, and AS 39.05.055, trustees of 18 |
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| 302 | + | the Alaska Retirement Savings Board, other than the two commissioners, are appointed to 19 |
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| 303 | + | initial terms as follows: 20 |
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| 304 | + | (1) four trustees shall serve four-year terms; 21 |
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| 305 | + | (2) three trustees shall serve two-year terms. 22 |
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| 306 | + | * Sec. 6. This Act takes effect January 1, 2026. 23 |
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