COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1459H.02C Bill No.:HCS for HB 558 Subject:Retirement - Local Government; Retirement Systems and Benefits - General; Law Enforcement Officers and Agencies; County Officials; Counties Type:Original Date:April 10, 2025Bill Summary:This proposal modifies provisions relating to the sheriffs' retirement system. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on General Revenue $0$0$0 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Deputy Sheriff Salary Supplementation Fund (0913) $0 Could exceed ($3,259,765)$0 Total Estimated Net Effect on Other State Funds $0 Could exceed ($3,259,765)$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 1459H.02C Bill No. HCS for HB 558 Page 2 of April 10, 2025 JLH:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on FTE 000 ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028 Local Government Could exceed $1,000,000 Could exceed $4,459,765 Could exceed $1,200,000 L.R. No. 1459H.02C Bill No. HCS for HB 558 Page 3 of April 10, 2025 JLH:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Joint Committee on Public Employee Retirement (JCPER) indicate this proposal will not affect retirement plan benefits as defined in Section 105.660(9). According to actuarial information provided by the retirement system, this proposal would constitute a “substantial proposed change” in future plan benefits as defined in section 105.660(10). Pursuant to section 105.670, an actuarial cost statement must be filed with the Chief Clerk of the House of Representatives, the Secretary of the Senate, and the Joint Committee on Public Employee Retirement as public information for at least five legislative days prior to final passage. Repealed Sections 57.955, 57.962, 483.088 and 488.024 - $3 Surcharge Officials from the Joint Committee on Public Employee Retirement (JCPER) indicate this proposal will not affect retirement plan benefits as defined in Section 105.660(9). According to actuarial information provided by the retirement system, this proposal would constitute a “substantial proposed change” in future plan benefits as defined in section 105.660(10). Pursuant to section 105.670, an actuarial cost statement must be filed with the Chief Clerk of the House of Representatives, the Secretary of the Senate, and the Joint Committee on Public Employee Retirement as public information for at least five legislative days prior to final passage. In response to the previous version, officials from the Sheriff’s Retirement System stated the Missouri Supreme Court in 2021 ruled the collection of the $3 criminal fee was unconstitutional. The collection of the fee was removed in July 2021. This is clean up language to remove the fee that can no longer be collected to fund the Sheriffs' Retirement System. Therefore, there is no impact on the retirement system. Section 57.278 – Balance Transfer Officials from Department of Public Safety – Director’s Office state57.278.2 RSMo requires that the Deputy Sheriff Salary Supplementation Fund (DSSSF) have half of the balance every two years moved to a newly created fund. This will have a fiscal impact on the DSSSF balance which the balance each year is unknown. Oversight notes the following Year End balances: FY 2024 $7,053,679 FY 2023 $6,215,326 FY 2022 $6,289,583 Average $6,519,529 L.R. No. 1459H.02C Bill No. HCS for HB 558 Page 4 of April 10, 2025 JLH:LR:OD Oversight will show 50% of the average balance ($3,259,765) of the Deputy Sheriff Salary Supplementation Fund transferring to the Sheriffs’ Retirement Fund in FY 2027 and an unknown amount each biennium thereafter. Section 57.280 - $5 Fee for Service Officials from the Sheriffs’ Retirement System state the $5 fee for service amount is estimated at $1.2 million based on the collections to the Deputy Sheriff Salary Supplemental Fund in FY 23-24 (based on the receipts from the fiscal year 2024 - 12 months of collections). The $2 jail per diem is estimated at $3.4 million based on the estimated days for FY 2025 in the DOC budget book. Oversight notes the Deputy Sheriff Salary Supplementation Fund accounts or moneys collected from charges for service received by county sheriffs under subsection 4 of section 57.280, RSMo. The money in the fund shall be used solely to supplement the salaries, and employee benefits resulting from such salary increases, of county deputy sheriffs. Subsection 4 of section 57.280, RSMo. states “…the sheriff shall receive ten dollars for service of any summons, writ, subpoena, or other order of the court included under subsection 1 of this section, in addition to the charge for such service that each sheriff receives under subsection 1 of this section. The money received by the sheriff under this subsection shall be paid into the county treasury and the county treasurer shall make such money payable to the state treasurer. The state treasurer shall deposit such moneys in the Deputy Sheriff Salary Supplementation Fund created under section 57.278.” Oversight notes the following receipts for the Deputy Sheriff Salary Supplementation Fund (0913): FY 2024 $2,493,184 FY 2023 $1,771,837 FY 2022 $1,823,268 Average $2,029,430 Oversight will show a $1.2 million increase in collections to the Sheriffs’ Retirement Fund as estimated by the Sheriffs’ Retirement System. Section 221.105 - $2 Prison Reimbursement Transfer Oversight notes section 221.105 states “…any county receiving reimbursement under this section shall make payable two dollars per prisoner per day of such reimbursement to the state treasurer, who shall deposit such funds in the sheriffs' retirement fund…”. L.R. No. 1459H.02C Bill No. HCS for HB 558 Page 5 of April 10, 2025 JLH:LR:OD Oversight notes, according to the Department of Correction’s FY 2025 Budget Request, program expenditures have totaled: FY 2021 FY 2022 FY 2023 Actual expenditures $50,518,325 $40,837,093 $52,680,658 Oversight notes the current reimbursement rate is $22.58. If counties were to transfer $2 of the reimbursement cost to the Sheriffs’ Retirement Fund, the transfer is estimated at $4,666,134 (($52,680,658 / $22.58) * $2). This would be a loss to counties and a gain to the Sheriffs’ Retirement Fund. Officials from the Department of Corrections, the Office of the State Courts Administrator, the Office of the State Treasurer and the Phelps County Sheriff each assume the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028DEPUTY SHERIFF SALARY SUPPLEMENTATION FUND Transfer Out - §57.278 to the Sheriffs’ Retirement Fund$0 Could exceed ($3,259,765)$0 DEPUTY SHERIFF SALARY SUPPLEMENTATION FUND$0 Could exceed ($3,259,765)$0 L.R. No. 1459H.02C Bill No. HCS for HB 558 Page 6 of April 10, 2025 JLH:LR:OD FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028LOCAL POLITICAL SUBDIVISIONS Transfer In – to the Sheriffs’ Retirement Fund - §57.278 from the Deputy Sheriff Salary Supplementation Fund $0 Could exceed $3,259,765$0 Transfer In – to the Sheriffs’ Retirement Fund - §221.105 $2 per prisoner reimbursement transfer from the counties Could exceed $3,888,445 Could exceed $4,666,134 Could exceed $4,666,134 Revenue Gain – for the Sheriffs’ Retirement Fund - §57.280 $5 increase in the cost for service fee Could exceed $1,000,000 Could exceed $1,200,000 Could exceed $1,200,000 Transfer Out – from the Counties - §221.105 $2 per prisoner reimbursement transfer to the Sheriffs’ Retirement Fund Could exceed ($3,888,445) Could exceed ($4,666,134) Could exceed ($4,666,134) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS Could exceed $1,000,000 Could exceed $4,459,765 Could exceed $1,200,000 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This bill provides for 50% of the moneys remaining in the Deputy Sheriff Salary Supplementation Fund at the end of the biennium to be credited to the Sheriffs’ Retirement Fund. (Section 57.278) This bill allows for the sheriffs to receive an additional sum of $15.00 for serving any summons, writ, subpoena, or other order of the court as specified in the bill. The State Treasurer is authorized to deposit $10.00 of such moneys in the Deputy Sheriffs Salary Supplementation Fund and $5.00 of such moneys in the Sheriffs' Retirement Fund. (Section 57.280) L.R. No. 1459H.02C Bill No. HCS for HB 558 Page 7 of April 10, 2025 JLH:LR:OD This bill provides that any county receiving reimbursement related to the per diem cost of incarceration of prisoners confined to jails or medium security institutions, will pay $2.00 per prisoner per day of such reimbursement to the State Treasurer, who will deposit the money in the Sheriffs’ Retirement Fund. (Section 221.105) The bill repeals the assessment and collection of a $3.00 surcharge collected in civil actions (Sections 57.955, 57.962, and 488.024.). This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Joint Committee on Public Employee Retirement Sheriffs’ Retirement System Department of Public Safety – Director’s Office Department of Corrections Office of the State Treasurer Office of the State Courts Administrator Phelps County Sheriff Julie MorffJessica HarrisDirectorAssistant DirectorApril 10, 2025April 10, 2025