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MINUTES OF THE
SENATE RETIREMENT AND INDEPENDENT ENTITIES STANDING COMMITTEE
FRIDAY, FEBRUARY 12, 2010, 12:00 P.M.
ROOM 210, SENATE BUILDING, UTAH STATE CAPITOL COMPLEX


Members Present:        Sen. Daniel Liljenquist, Chair
                Sen. Curtis Bramble
                Sen. D. Chris Buttars
                Sen. Brent Goodfellow
                Sen. Karen Mayne

Members Excused:        Sen. John Greiner

Staff Present:            Benjamin N. Christensen, Policy Analyst
                Shannon Halverson, Associate General Counsel
                J. Daniel Schoenfeld, Fiscal Analyst
                Sandra Maeser, Committee Secretary
                Ernest Hayes, Committee Secretary

Public Speakers Present:    Kim Campbell, President, Utah Education Association
                Kory Holdaway, Utah Education Association
                Ryan Mellor, Vice President, Utah State Firefighters Association
                Jack Tidrow, Vice President, Professional Firefighters of Utah
                Marty Peterson, pension representative, Professional Firefighters of Utah
                Mike Lee, President, Unified Police Federation
                Terry Keefe, President, Utah Police Chiefs Association
                Brad Wardle, President, Utah Fire Chiefs Association
                Roslyn Rainey, Sergeant, Salt Lake Police Association
                Derek Monson, Policy Manager, Sutherland Institute
                Aaron Rosen, self, Utah Police Officers Association
                Gerald Haskell, Utah Alliance of Government Employees
                Anthony Garcia, Vice President, AFSCME
                John Crowley, Sheriff, Utah Police Officers Association
                Jim Winder, Salt Lake County Sheriff, Unified Police Department
                Adam Trupp, General Counsel, Utah Association of Counties
                Jackie Evans, Research Analyst, Utah Taxpayers Association

A list of visitors and a copy of handouts are filed with the committee minutes.

Acting Committee Chair Bramble called the meeting to order at 12:41 p.m.

1. Approval of Minutes

     MOTION: Sen. Liljenquist moved to approve the minutes of February 10, 2010.

            The motion passed unanimously.


2. S.B. 63 New Public Employees' Tier II Contributory Retirement Act (D. Liljenquist)

     MOTION: Sen. Liljenquist moved to adopt 1st Substitute S.B. 63, New Public Employees' Tier II Contributory Retirement Act.

            The motion passed unanimously.

3. S.B. 43 S1 Post-Retirement Employment Amendments (D. Liljenquist)

             MOTION: Sen. Liljenquist moved to adopt Amendment 2, as follows:

1.    Page 12, Line 364 through Page 13, Line 375 :                  364          49-11-505. Reemployment of a retiree -- Restrictions.
             365          (1)
  (a)       This section applies to:

             366          
{   (a)   }        (i)       a participating employer; and

             367          
{   (b)   }        (ii)       a retiree who begins reemployment for the first time after retirement with a

             368      participating employer on or after July 1, 2010.
 

    (b)    This section does not apply to a retiree who is reemployed as an active senior judge appointed to hear cases by the Utah Supreme Court in accordance with Article VIII, Section 4. Utah Constitution.  

             369          (2) (a) Except as provided under Subsection (2)(b), the office shall cancel the
             370      retirement allowance of a retiree who is reemployed with a participating employer if the initial
             371      reemployment begins on or after July 1, 2010.
             372          (b) The office may not cancel the retirement allowance under Subsection (2)(a), if the
             373      participating employer certifies that:
             374          (i) the date of reemployment begins
{   not   }        no       sooner than six months after the date of

             375      retirement, if the reemployment is with the same agency from which the retiree retired;

            The motion passed unanimously.

Acting Chair Bramble stated that all three bills on the agenda will be considered simultaneously.

Kim Campbell, Utah Education Association, spoke in opposition to the bills.

Kory Holdaway, Utah Education Association, spoke in opposition to the bills.

Ryan Mellor, Utah State Firefighters Association, spoke in opposition to the bills.

Jack Tidrow, Professional Firefighters of Utah, spoke in opposition to the bills.

Marty Peterson, Professional Firefighters of Utah, spoke in opposition to the bills and distributed a handout.

Mike Lee, Unified Police Federation, spoke in opposition to the bills.


Terry Keefe, Utah Police Chiefs Association, spoke in opposition to 1st Sub. S.B. 63.

Brad Wardle, Utah Fire Chiefs Association, spoke in opposition to 1st Sub. S.B. 63.

Roslyn Rainey, Salt Lake Police Association, spoke in opposition to 1st Sub. S.B. 63.

Derek Monson, Sutherland Institute, spoke in support of the bills.

Aaron Rosen spoke in opposition to the bills.

Gerald Haskell, Utah Alliance of Government Employees, spoke in opposition to the bills.

Anthony Garcia, AFSCME, spoke in opposition to the bills.

Aaron Rosen spoke in opposition to the bills.

John Crowley, Utah Police Officers Association, spoke in opposition to the bills.

Jim Winder, Salt Lake County Sheriff, spoke in opposition to the bills.

        Adam Trupp, Utah Association of Counties, spoke in support of 1st Sub. S.B. 43 and 1st Sub. S.B. 63.

Jackie Evans, Utah Taxpayers Association, spoke in support of the bills.

Sen. Liljenquist stated that S.B. 42, Retirement Eligibility Modifications, will remain in the rules committee.

3. S.B. 43 S1 Post-Retirement Employment Amendments (D. Liljenquist)

     MOTION: Sen. Liljenquist moved to pass 1st Sub. S.B. 43, as amended, out of committee with a favorable recommendation.

    The motion passed with Sen. Goodfellow and Sen. Mayne voting in opposition.

2. S.B. 63 New Public Employees' Tier II Contributory Retirement Act (D. Liljenquist)

     MOTION: Sen. Liljenquist moved to pass 1st Sub. S.B. 63 out of committee with a favorable recommendation.

    The motion passed with Sen. Goodfellow and Sen. Mayne voting in opposition.


4. S.B. 94 Supplemental Benefit Amendments for Noncontributory Public Employees (D. Liljenquist)

     MOTION: Sen. Liljenquist moved to pass S.B. 94, as amended, out of committee with a

favorable recommendation.

    The motion passed with Sen. Goodfellow and Sen. Mayne voting in opposition.

MOTION: Sen. Liljenquist moved to adjourn.

The motion passed unanimously.

The meeting adjourned at 3:01 p.m.

Minutes Reported by Saundra Maeser, Secretary.





                ____________________________________
                 Sen. Daniel Liljenquist, Committee Chair