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To extend deadline for Bureau of Land and Survey; amendment to Civil Service Pension Plan, restore thirty years of service, RPPL 8-10 2009

PALAU

EIGHTH OLBIIL ERA KELULAU
Fifth Special Session, September 2009 RPPL No. 8-10
(Passed as: Senate Bill No. 8-100, SD3, HD1, CD1)

AN ACT

To amend Section 1305 of Title 35 of the Palau National Code, as amended by RPPL No. 7-26 and RPPL No. 7-54, in order to extend the deadline by which the Bureau of Lands and Surveys is required to complete its surveying and monumentation of all land within the Republic, to amend sections 2021 and 2040 of Title 33 of the Palau National Code, as amended by RPPL 7-56, in order to (a) require the Board of Trustees of the Republic of Palau Civil Service Pension Plan and Trust to commission a study on the feasability of (I) converting the Civil Service Pension Plan from a defined benefit system to a defined contribution system and (ii) allowing private employers and their employees to participate in the Republic of Palau Civil Service Pension Trust Fund, and (b) to restore the thirty years of service retirement provision, and for other purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative findings. The Olbiil Era Kelulau finds that the term of the Bureau of Lands and Surveys is scheduled to expire on October 30, 2009. The Bureau will not be able to complete its statutorily mandated survey and monumentation of lands within the Republic by this date. Thus an additional two-year term is warranted in order to allow the Bureau to continue its important task.

Section 2. Amendment. Title 35 of the Palau National Code, as amended by RPPL No. 7-26 and RPPL No. 7-54, is hereby further amended to read as follows:

"§ 1305. Bureau of Lands and Surveys responsibilities; land registration employees.

(a) The Bureau of Lands and Surveys within a reasonable time period not to extend beyond October 30, 2011, shall proceed on a systematic basis to ensure the designation of areas and survey of all lands and the monumentation of all land within the Republic. . . .

. . .

(d) The Bureau shall complete the surveying required under this section within a reasonable time period not to extend beyond October 30, 2011 . . . .

. . . ."

Section 3. Civil Service Pension Plan Amendments.
A. Legislative Findings. The Olbiil Era Kelulau finds that recent amendments to certain provisions of law relating to the Civil Service Pension Plan have created confusion among, and are unfair to, a number of government employees. The law previously provided for retirement upon thirty years of service to the Republic. In December of 2008, this provision was changed to require retirement upon reaching the age of sixty. The amendments below are intended to reinstate the thirty years of service retirement provision.

The Olbiil Era Kelulau also finds that the contribution structure and participation requirements of the pension plan should be studied, and amended if warranted, in order to ensure its financial viability.

B. Amendment. Section 2021 of Title 33 of the Palau National Code is hereby amended as follows:

"§ 2021. Trust Fund Operation Plan.

(a) . . . .

(b) . . . .

(c) . . . .

(d) Effective Immediately, the Board of Trustees of the Civil Service Pension Plan shall seek to commission a feasibility and actuarial study regarding the conversion of the Plan from a defined benefit system to a defined contribution system and the incorporation of private sector employers and employees as participants in the Plan. The cost of the study shall be borne by the Civil Service Pension Plan. Once the study is complete, it shall submit a report on the study findings along with recommendations to the President and the Olbiil Era Kelulau."

C. Amendment. Section 2040 of Title 33 of the Palau National Code, as amended by RPPL No. 7-56, is hereby amended as follows:

"§ 2040. Mandatory retirement.

(a) Upon the effective date of this Act, all employees who are sixty years of age or have thirty years or more of total service shall retire, except for those in employment positions exempted by the Board or those individuals who receive specific exemptions from the Board; provided, that an exempted employee may serve two additional years or more beyond the date upon which he or she would otherwise be required to retire under this section, at the discretion of the employer.

(b) [Reserved].

(c) . . . .

(d) . . . .

(e) . . . ."

Section 4. Effective date. This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: October 29, 2009
Approved this 30th day of October , 2009.
/s/
Johnson Toribiong
President
Republic of Palau