Legislative Updates 2012
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Summary of Legislative Changes Affecting Retired School Personnel
The “long session” of the General Assembly convened January 26, 2011 and adjourned June 18, 2011. The Assembly set July 13, 2011 as the start date for a “special session” on redistricting. The Assembly may consider veto overrides during this special session.*
Appropriations (Budget Bill):
S.L. 2011-145 (HB 200) APPROPRIATIONS ACT OF 2011.
An Act To Spur The Creation Of Private Sector Jobs; Reorganize And Reform State Government; Make Base Budget Appropriations For Current Operations Of State Departments And Institutions; And To Enact Budget Related Amendments.
Retirement System
The budget bill appropriates $248.1 million for 2011-12 and $336 million for 2012-13 to the Teachers and State Employees Retirement System (TSERS). The Employer (State) contribution rates will be 7.44% for 2011-12 and 8.33% for 2012-13.
The budget bill also changes the amortization period for the Retirement Fund from the current nine (9) year period to twelve (12) years.
State Health Plan:
S.L. 2011-85 (SB 323) STATE HEALTH PLAN/APPROPRIATIONS & TRANSFER
An Act to make Appropriations and Adjustments for the 2011-13 Fiscal Biennium to the SHP for TSERS; and to transfer the SHP for TSERS to the Office of State Treasurer.
AND
S.L. 2011-96 (HB 578) STATE HEALTH PLAN/ADDITIONAL CHANGES.
An Act (1) to allow the SHP for TSERS to provide the Basic Plan premium-free using available cash balance reserves, (2) To delay implementation of certain changes to the SHP until September 2011, (3) To comply with the Federal Affordable Care Act, (4) To clarify the SHP’s Subrogation Rights, (5) To grant the State Treasurer immediate access to confidential SHP documents to plan for the transfer, and (6) To clarify the Board composition and stagger initial appointments.
Transfers the SHP to the Office of State Treasurer and creates a Board of Trustees.
For the first time, effective September 1, 2011, active and retired employees who wish to enroll in the 80/20 Standard plan will be required to pay a premium for subscriber only coverage. However, there will be a premium-free option for the 70/30 Basic plan for employees and retirees. (See chart below) In addition to these changes, there will be a 5.3 percent increase in dependent premiums for the 2011/2012 benefit plan year, beginning September 1, 2011.
(The rate paid by the state for Medicare eligible individuals increases only slightly for 2011-12 from $312.76/month to $320.64/month and for non-Medicare individuals, from $410.80 to $410.94.)
The bill generally increases co-pays, co-insurance, deductibles and prescription drug costs for members. Generic drug costs increase from $10 to $12.
Effective September 1, 2011, the tobacco and weight management component will no longer determine the plan in which members may enroll—the Comprehensive Wellness component was eliminated.
|
Premium Rates |
70/30 |
80/20 |
|
Employee/Non-Medicare Eligible or Medicare Secondary Contribution |
$0.00 |
$21.62 |
|
Retiree/Non-Medicare Eligible Contribution |
$0.00 |
$21.62 |
|
Medicare Eligible Retiree Contribution |
$0.00 |
$10.00 |
S.L. 2011-232 (HB 927) STATE PENSION PLAN SOLVENCY REFORM ACT.
An act to make changes to the statutes governing TSERS and the Consolidated Judicial Retirement System to ensure the future solvency of those systems; To amend the provisions of the Special Separation Allowance for Law Enforcement Officers for officers hired on or after August 1, 2011; And to make it a Class 1 Misdemeanor to fraudulently receive the retirement benefit of a deceased retiree at least two months after the retiree's death.
This bill changes the vesting period from the current five (5) years to ten (10) years for teachers and state employees hired on or after August 1, 2011. Also adds a new misdemeanor for persons who fraudulently receive retirement benefits of a deceased retiree.
* Senate Bill 727: No Dues Check-off for School Employees (An Act to Eliminate the Dues Check-off Option for Active and Retired Public School Employees.)
Eliminates dues deduction option for members of NCAE and NCRSP.
Governor Perdue vetoed this bill. On July 13, 2011 the Senate voted 30-18 to override her veto. The House may reconsider the bill on July 25, 2011.
(Prepared by NC Retired School Personnel—July 13, 2011)
NCRSP represents retirees everyday in the legislature to improve retirement benefits for its members.
NCRSP advocates for issues related to the NC Retirement System funding and the State Health Plan programs.
NCRSP has fulltime lobbying efforts. NCRSP is also supported in many issues by NCAE, the National Retired Teachers Association, the NC State Employees Association, the Retired Government Employees of America, and AARP.
NCRSP membership dues fund two lobbyists in Raleigh. Dr. Lacy Presnell and Mrs. Pam Deardorff who work with state legislators and meet with the governor and committees on retiree issues during the legislative sessions and throughout the year.
NCRSP Talking Points – 2010 Legislative Short Session
A new Talking Points Sheet will be ready soon for 2010-2011.
The dramatic rise in the cost of food, fuel, and other necessities during this year has hit retirees very hard. Nonetheless, because the CPI was negative for most of 2009, and the state’s economic uncertainties remain, the recommendation has been to ask the General Assembly to consider the options for retired educators within this scenario listed below. Our primary objective is to keep the cost of living adjustments even with inflation.
2004-05 1.9% 1.9% 1.7% 1.7% -.02%
2005-06 3.3% 5.2% 2.0% 3.7% -1.5%
2006-07 3.4% 8.6% 3.0% 6.7% -1.9%
2007-08 2.5% 11.1% 2.2% 8.9% -2.2%
2008-09 4.1% 15.2% 2.2% 11.1% -4.1%
2009-10 0.1% 15.3% 0.0% 11.1% -4.2%
*Annual CPI is the Consumer Price Index for the preceding calendar year as determined by the U.S. Bureau of Labor Statistics. Thus, the CPI applied to 2009-10 is for 2008 calendar year. (Chart above prepared by NCRSP Exec. Dir. Pam Deardorff and NCRGEA Exec. Director Ed Regan.)
The state’s employer contribution rate to the Teachers and State Employees Retirement System (TSERS) currently stands at 3.57% for 2009-10 and at 4.93% proposed for 2010-11. While we understand the fiscal challenges that the General Assembly faces, we also understand that the financial condition of the State Retirement System is an important factor in maintaining the State’s excellent credit rating. A joint letter including the endorsement of NCRSP, NCAE, NCRGEA, SEANC, and NCASA was submitted to the Retirements Systems Board of Trustees (January 2010) recommending the employer contribution to the TSERs be raised to 6.71% of payroll. This recommendation supports a commitment that will sustain TSERS in the future and is also the recommended level by the State actuary.
Coverage remains the same for teachers. The monthly premiums did increase slightly. The legislature continued to cover the increase for TSERS. Although we did not receive a COLA, our health insurance costs for TSERS were covered by the state government. Dependent coverage is still a responsibility of the individual member.
NC retirees are vital members of society and provide thousands of volunteer hours each year in schools and other public services, thus essentially saving the state millions of dollars that may have otherwise been spent from the state budget on salaries. North Carolina Retired School Personnel members alone continue to contribute over 603,000 hours of community service, representing a value of over $11.4 million.
2010 Developed by District I Legislative Committee Chair, and others as mentioned
Legislator Contact Information
District #114 Representative Susan Fisher
District #116 Representative Tim Moffitt
District # 49 Senator Martin Nesbitt
District #48 Senator Tom Apodaca