Arizona 2023 2023 Regular Session

Arizona House Bill HB2028 Comm Sub / Analysis

Filed 02/17/2023

                      	HB 2028 
Initials VP/AA 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: WM DP 10-0-0-0 
 
HB 2028: PSPRS; contribution rates 
Sponsor: Representative Livingston, LD 28 
Caucus & COW 
Overview 
Sets Public Safety Personnel Retirement System (PSPRS) employee contributions to 7.65% of 
their compensation effective beginning FY 2024. Additionally, beginning FY 2024, PSPRS will 
include the excess contribution rates collected into consideration when determining the employer 
contribution rates.     
History 
Current statute requires employers to make contributions sufficient to meet both the normal cost 
for members hired before July 1, 2017, plus the determined amount required to amortize the 
unfunded accrued liability for all employees of the employer who are members of the system.  
For members hired prior to hired prior to July 20, 2011, the employee contribution rate was set at 
a fixed rate of 7.65%. SB1609 in the 2011 legislative session attempted to increase that set rate 
to a variable rate that was capped at 11.65% for all employees. However, the Supreme Court 
ruled that unconstitutional in 2016 for existing members and only applied it to members hired after 
the general effective date.  
The Legislature passed SB1468 in 2016 that dictated that for members hired on or after July 1, 
2017, the member and employer contributions are determined in two categories. There are 
employers and members who are in the public safety risk pool, and those not in the public safety 
risk pool. For members and employers in the public safety risk pool, each employer must pay 
50% of both the normal cost plus the determined amount required to amortize the total unfunded 
accrued liability within the risk pool. The remaining 50% is divided by the total number  in the risk 
pool. For those not in the public safety risk pool, each employer must pay 50% of both the normal 
cost plus the determined amount required to amortize the total unfunded accrued liability for each 
employer attributable only to member's hired on or before July 1, 2017. The remaining 50% will 
be divided by the total number of the employers' members who were hired on or after July 1, 
2017. (A.R.S. § 38-843) 
Provisions 
1. Designates that for FY 2024 and each year thereafter, the employee's contribution rate will be 
7.65% of their compensation for members hired prior to July 1, 2017. (Sec. 1) 
2. Strikes statute which states that member's contributions above 7.65% must accumulate and 
cannot be used to reduce the employer's contribution rate until the employer becomes 100% 
funded. (Sec. 1) 
3. Adds that from and after June 30, 2023, member's contribution that exceeds 7.65% and that 
was collected from July 1, 2011 through June 30, 2023 may be used when calculating 
employer contribution rates. (Sec. 1) 
    	HB 2028 
Initials VP/AA 	Page 2 	Caucus & COW 
4. Makes technical and conforming changes. (Sec. 1) 
5. Contains a retroactive provision. (Sec. 2) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note