SB 183-FN - AS INTRODUCED

2003 SESSION

03-1152

10/01

SENATE BILL 183-FN

AN ACT relative to membership in the retirement system for part-time attorneys general.

SPONSORS: Sen. Clegg, Dist 14; Rep. Rogers Johnson, Rock 83

COMMITTEE: Insurance

ANALYSIS

This bill allows a part-time assistant attorney general to be a member of the retirement system.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1152

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to membership in the retirement system for part-time attorneys general.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Attorney General; Temporary Classification; Retirement System. Amend RSA 7:16-a, II and III to read as follows:

II. The attorney general may designate up to 3 full-time unclassified assistant attorneys general positions as temporary, part-time positions, provided such positions are vacant at the time of such designation. For the duration of the designation of such positions the attorney general, with the approval of the governor and council, may hire attorneys as part-time assistant attorneys general, provided that the per diem compensation of such employees shall not exceed the maximum equivalent per diem compensation of an assistant attorney general pursuant to RSA 94:1-a. The attorney general may employ part-time assistant attorneys general up to the limit of funds available for the full-time positions designated by the attorney general for part-time employment. A part-time assistant attorney general shall be governed by the same terms and conditions of employment as a full-time assistant attorney general, including membership in the retirement system and the prohibition of the private practice of law under RSA 7:6-d, except that a part-time assistant attorney general shall serve at the pleasure of the attorney general.

III. For the duration of the temporary part-time positions designated under paragraph II of this section, the funds that would have been paid for benefits for the designated full-time positions, with the exception of social security benefits and retirement system benefits, shall be paid into the general fund of this state.

2 Application. Any part-time assistant attorney general employed on the effective date of this act and who was formerly a member in the New Hampshire retirement system under RSA 100-A shall have any prior service as such part-time assistant attorney general included as creditable service in the retirement system.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-1152

1/29/03

SB 183-FN - FISCAL NOTE

AN ACT relative to membership in the retirement system for part-time attorneys general.

FISCAL IMPACT:

The New Hampshire Retirement System is unable to determine the fiscal impact on state expenditures. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The System states this bill would amend RSA 7:16-a to allow a part time assistant attorney general to be a member of the System. In addition, if the part-time assistant attorney general was formerly a member of the NHRS, any prior service would be included as creditable service in the NHRS. This bill does not amend RSA 100-A which provides the statutory authority for membership in the System. In addition, the legislation does not state who would pay for the cost to reinstate the prior service, as well as the methodology used to determine the prior service cost. As a result, the System is unable to determine the fiscal impact at this time.

The Actuary's letter is on file in the bill jacket in the Senate Clerk's Office.